November 25, 2020
Why December 6-8?
The schedule for the AGM has been distributed to CASLI. There were anticipated responses to the dates. Thank you to all those who questioned the why and how of the schedule. I hope to answer those in this email.
The date of December 6-8 for discussions was an objective decision, preferring no group to another while attempting to be reasonable with start times. However, there were two primary considerations when choosing the dates: holidays and the federal law. Hannukah is December 10-18 and Christmas is December 25. Especially this year, because of the isolation caused by the pandemic safety measures, I do not want to take away from anyone's quality time during a traditional quality time with loved ones. The Canadian (federal) law states that non-profit corporations must hold an AGM every 12 months or December 31, 2020. The membership year for CASLI starts on January 1, 2021. If the AGM continuation is postponed until 2021, any motions related to membership (e.g., fees, criteria) will take effect January 1, 2022. To participate in discussions between December 6-8, members donothave to attend the Zoom meetings. Discussions will continue via an online forum.
Interpretations of CASLI Bylaw and Federal Law
The 21-35 days' notice in the CASLI bylaws and federal law* can be interpreted a number of ways. Since the upcoming meeting dates are an extension of the previous AGM in November, the number of days' notice may or may not apply. The Canadian Not-For-Profit Corporations Act AGM states that an AGM must be held every 15 months or before December 31, 2020.**
The Not-For-Profit Corporations Act simply outlines how often an AGM must be held; it does not state when it has to be completed. Erring on the side of caution with federal compliance seemed to be the safest legal option for CASLI and its Board of Directors. CASLI is in a unique position since this is a continuation of the AGM from November 2020. Rest assured that if the majority of CASLI (i.e., the membership) decides to postpone until 2021, that decision will be respected.
*Canada Not-For-Profit Corporations: Notice of Meeting of Members https://laws-lois.justice.gc.ca/eng/regulations/SOR-2011-223/page-3.html#h-774517
**See https://www.ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs08611.html and http://www.ic.gc.ca/eic/siTe/cd-dgc.nsf/eng/cs06828.html for details.
You are CASLI
I want to emphasize that if CASLI (members) decide the best option is to complete the AGM in 2021, that will happen. The Board of Directors will seek formal legal consultation to determine the requirements to complete the AGM in 2020. Please follow the link in the button below to let the Board of Directors know your preference. This form will be open until Monday, November 30, 2020.
