Legal

## Corporate Structure and Bylaws for the Independent Candidates Association of Canada

### Article I: Name and Purpose

**Section 1: Name**

The name of this nonprofit organization shall be the Independent Candidates Association of Canada (hereinafter referred to as “the Association”).

**Section 2: Purpose**

The purpose of the Association is to promote and implement direct democracy in Canada through the support of independent candidates, education of the public, and advocacy for legislative reforms.

### Article II: Membership

**Section 1: Eligibility**

Membership shall be open to any individual who supports the purpose of the Association and agrees to abide by its bylaws.

**Section 2: Membership Types**

1. **Individual Members**: Individuals who support the Association’s mission.

2. **Organizational Members**: Nonprofit organizations that align with the Association’s goals.

**Section 3: Dues**

Membership dues shall be determined by the Board of Directors and collected annually.

**Section 4: Rights and Responsibilities**

All members shall have the right to vote in general meetings, participate in discussions, and receive updates from the Association.

### Article III: Board of Directors

**Section 1: Composition**

The Board of Directors shall consist of a minimum of five (5) members and a maximum of fifteen (15) members elected by the membership.

**Section 2: Term**

Directors shall serve a term of three (3) years and may be re-elected for one additional term.

**Section 3: Powers and Duties**

The Board of Directors shall have the authority to:

– Oversee the operations of the Association.

– Set strategic direction and policies.

– Manage finances and resources.

– Appoint committees as necessary.

**Section 4: Meetings**

The Board shall meet at least quarterly. A majority of the Board members present shall constitute a quorum.

### Article IV: Officers

**Section 1: Officers**

The officers of the Association shall include a President, Vice-President, Secretary, and Treasurer. Officers shall be elected by the Board of Directors from among its members.

**Section 2: Duties**

1. **President**: Presides over meetings and represents the Association.

2. **Vice-President**: Assists the President and assumes duties in their absence.

3. **Secretary**: Keeps records of meetings and membership.

4. **Treasurer**: Manages the financial accounts and prepares budgets.

### Article V: Committees

**Section 1: Standing Committees**

The Board may establish standing committees to focus on specific areas such as outreach, policy advocacy, and member engagement.

**Section 2: Ad Hoc Committees**

The Board may create ad hoc committees as needed for specific purposes, with their duration determined by the Board.

### Article VI: Meetings

**Section 1: Annual General Meeting (AGM)**

An AGM shall be held annually to review the Association’s activities, elect Board members, and address other important matters.

**Section 2: Special Meetings**

Special meetings may be called by the President or a majority of the Board members.

**Section 3: Notice**

Members shall be notified of all meetings at least two weeks in advance.

### Article VII: Amendments

**Section 1: Amendment Process**

These bylaws may be amended by a two-thirds (2/3) vote of members present at any AGM or special meeting, provided that notice of the proposed amendment has been given at least two weeks prior.

### Article VIII: Dissolution

**Section 1: Dissolution Process**

In the event of dissolution, the assets of the Association shall be distributed to a nonprofit organization with similar purposes, as determined by the Board of Directors.

These bylaws shall be reviewed and updated as necessary to ensure that they continue to serve the mission and goals of the Independent Candidates Association of Canada effectively.

# Constitution of the Independent Candidates Association (ICA)

## Preamble

We, the members of the Independent Candidates Association, in order to promote direct democracy in Canada, facilitate the election of independent candidates, and ensure that the voices of all citizens are represented, do establish this Constitution.

## Article I: Name

The name of this organization shall be the Independent Candidates Association (ICA).

## Article II: Purpose

The purposes of the ICA are:

1. To promote the election of independent candidates at all levels of government.

2. To advocate for direct democracy and participatory governance.

3. To provide resources, support, and training for independent candidates.

4. To engage citizens in the political process and encourage civic participation.

## Article III: Membership

1. **Eligibility**: Membership is open to any individual who supports the purposes of the ICA and is a Canadian citizen aged 18 or older.

2. **Dues**: Membership may require the payment of annual dues, the amount of which shall be determined by the Executive Committee.

3. **Rights**: Members shall have the right to vote in association elections, participate in meetings, and access association resources.

## Article IV: Governance

1. **Executive Committee**: The ICA shall be governed by an Executive Committee consisting of:

– A President

– A Vice-President

– A Secretary

– A Treasurer

– Up to three additional members-at-large

2. **Elections**:

– The Executive Committee shall be elected by the membership annually.

– All members in good standing shall have the right to vote.

– Nominations for the Executive Committee shall be submitted at least two weeks prior to the election.

3. **Meetings**:

– The Executive Committee shall meet at least quarterly.

– General membership meetings shall be held at least twice a year.

## Article V: Direct Democracy Initiatives

1. **Policy Development**: The ICA shall facilitate discussions and initiatives aimed at developing policies that promote direct democracy.

2. **Referenda**: The ICA may organize referenda to gauge member and public opinion on significant issues.

3. **Public Engagement**: The ICA shall encourage public forums and discussions to promote transparency and inclusiveness in decision-making.

## Article VI: Amendments

1. **Proposal**: Amendments to this Constitution may be proposed by any member in good standing.

2. **Approval**: Proposed amendments must be approved by a two-thirds majority of members present at a general meeting.

## Article VII: Dissolution

In the event of dissolution, the assets of the ICA shall be distributed to a non-profit organization with similar purposes, as determined by the Executive Committee.

## Article VIII: Ratification

This Constitution shall be ratified by a two-thirds majority of members present at the inaugural meeting of the Independent Candidates Association.

Performance contract w the sample and additions supplied

Sure! Here’s a generalized version of the performance contract that can be adapted for each federal riding in Canada, ensuring it aligns with the jurisdiction of the specific riding:

# Performance Contract

This Performance Contract (“Agreement”) is made on [Date] between [Community Group], located at [full civic Address], [Riding Name], [Province/Territory] (hereafter referred to as the “Community Group”), and [Independent Candidate full name], residing at [full Address], [Riding Name], [Province/Territory] (hereafter referred to as the “Candidate”).

## 1. Term and Timeline

The term of this Agreement shall commence on [full Date] and shall be limited to one four-year term. The Candidate may be eligible for a second term only if both the constituents and the Candidate agree. A written timeline detailing specific actions and milestones agreed upon by both parties will be attached as Exhibit A.

## 2. Expectations

The Candidate agrees to incorporate specific political planks that address the interests and concerns of the Community Group into their campaign platform in a timely manner. New planks may be added over the duration of the contract without changing the original agreement or timeline. Each new plank will have its own timeline, documented in writing and attached as Exhibit B. The Candidate commits to prioritizing the wishes of their constituents, overriding any external influences, and will adhere to survey results conducted within their riding by the Community Group.

## 3. Recall Policy

A recall mechanism will be established as follows:

– If a Candidate is to be recalled, only those who voted in the last election will be eligible to participate in the recall vote.

– If voter turnout in the last election was below 40%, a majority of the voters who participated in that election will be required to initiate the recall process.

– If the Candidate is recalled, they will be prohibited from running in any forthcoming elections for a period of [insert time period] to prevent immediate re-election as an independent candidate.

## 4. Grounds for Breach of Contract

The following actions will be considered breaches of this Agreement by the Candidate:

a. Failure to meet the timeline as stated in Exhibit A.

b. Failure to include the specified political planks in the campaign platform as per Exhibit B.

c. Failure to meet the expectations set forth by the Community Group.

d. Any other significant violation of the terms of this Agreement.

## 5. Direct Democracy

The Candidate agrees to support and facilitate direct democracy initiatives within their electoral district, ensuring constituents have an active role in decision-making processes.

## 6. Specific Tasks and Conditions

The Candidate agrees to fulfill a specific list of tasks and obligations tailored to the needs of their electoral district. This section will outline the Candidate’s required responsibilities and will be documented as Exhibit C.

## 7. Penalties for Breach of Contract

If the Candidate breaches this Agreement, the Community Group retains the right to pursue legal remedies, including but not limited to:

a. Withholding campaign support, including volunteer resources and financial contributions.

b. Publicly announcing the breach.

c. Taking legal action for damages as detailed in Section 8.

## 8. Damages

In the event of a breach by the Candidate, the Community Group may seek the following damages and remedies:

a. Repayment of any funds provided by the Community Group to the Candidate.

b. Reimbursement for any costs incurred by the Community Group as a direct result of the breach.

c. Compensation for any reputational damage suffered by the Community Group due to the breach.

d. Payment of all salaries received by the Candidate until termination by the province, as well as any financial remuneration received if the Candidate switches to another party or entity post-termination.

## 9. Governing Law

This Agreement shall be governed by the laws of [Province/Territory], Canada, and may be adjusted based on the jurisdiction of the respective riding.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

**[Community Group]**

By: ________________________

Name: ________________________

Title: ________________________

Date: ________________________

**[Independent Candidate]**

By: ________________________

Name: ________________________

Date: ________________________

**Exhibit A:** Timeline

[Insert detailed timeline here]

**Exhibit B:** Political Planks

[Insert named political planks here]

**Exhibit C:** Specific Tasks and Conditions

[Insert detailed list of tasks here]

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