Constitution & Bylaws
Whereas the school athletic program must in fact as well as in theory never lose sight of values that are basic to a sound educational program, be it resolved that the following guidelines express the intent of the MHSAA Constitutional Objectives:
- To provide all member schools with a medium for discussion of problems of common interest.
- To encourage and/or co-ordinate inter-zone competition and provincial championships.
- To encourage, reflect and interpret to the public the achievement of the highest possible ethical standards of sportsmanship.
- To publish and disseminate information concerning zone and provincial athletic activity.
- To enter into agreement with other sport bodies, and government agencies, in cases where it may be deemed desirable.
- To encourage member schools to provide leadership in the development of sport in the community.
- To set eligibility regulations under which all provincial and zone competitions leading to provincial championships are conducted.
- To approve such playing rules and codes as may be deemed suitable to govern inter school sport while taking into consideration the rules and regulations of other sport governing bodies.
- To develop fund raising mechanisms to support the activities of the Association.
- To exercise such powers and responsibilities as may be vested in the Association by the member schools from time to time.
Manitoba High Schools Athletic Association
By Law No. 1
Be it enacted and it is hereby enacted as a by-law of Manitoba High Schools Athletics Association Inc. (hereafter called the "association") as follows:
1. Registered Office
The Registered office of the Association shall be in the City of Winnipeg in the Province of Manitoba and at such place therein as the directors of the association may from time to time decide.
2. Corporate Seal
The Seal of the Association, which shall be in the custody of the Executive Director of the Association, shall be in such form as shall be described by the Directors of the Association, and shall have the words "THE MANITOBA HIGH SCHOOLS ATHLETIC ASSOCIATION INC." endorsed thereon.
3. Board of Directors
The affairs of the Association shall be managed by a Board of not fewer than six nor more than 25 directors. Members shall be elected for two year terms at the Annual General Meeting and the position shall be vacated if:
a. board member shall resign his/her office by delivering a written resignation to the Executive Director,
b. at a special general meeting of the members or at a special meeting of the Directors called for that purpose a resolution is passed by two-thirds for those who are present at the meeting that he/she be removed from office, and
c. upon death.
4. Board Positions
The Board of Directors will consist of the following positions:
b. Past President
c. Four rural representatives one of which must be an administrator (superintendant, principal or vice-principal), the other three representatives may be a physical education teacher, a teacher/coach, or administrator.
d. Four urban representatives one of which must be an administrator (superintendant, principal or vice principal), the other three representatives may be a physical education teacher, a teacher/coach, physical education supervisor, or administrator.
e. One female physical education representative.
f. Appointed members to the Board would include representation from:
- Manitoba Association of School Superintendents (MASS) (one rural and one urban)
- Manitoba School Boards Association (MSBA)
- Manitoba Education and Training
- Council of School Leaders (COSL)
g. Two student representatives to be selected (one rural and one urban).
5. Terms of Office
Elections shall occur in odd and even number years as follows:
a. Odd Number Years (5 positions)
ii. Two Urban Representative
iii. Rural Administrative Representative
iv. One Rural Representative
b. Even Number Years (5 positions)
i. Two Rural Representative
ii. One Urban Representative
iii. One Urban Administrative Representative
iv. Physical Education Representative (female)
No member of the board of directors may serve in any one position for more than two consecutive terms. All elected members must be educators currently employed in a Manitoba High School.
6. Meetings of Directors
a. Place of Meeting: Board meetings may be held either at the head office or elsewhere within Manitoba as the Directors may from time to time determine.
Notice: A meeting of Board of Directors may be convened by the President or the Executive Director. Notice of such meeting shall be delivered or mailed or faxed, telephoned, or e-mailed to each Director not less than two days (exclusive of the day on which the notice is delivered or telephoned, but inclusive of the day for which notice is given,) before the meeting is to take place. Provided always that meetings of the Board of Directors may be held at any time without formal notice if all the directors are present or those absent have waived notice or have signified their consent in writing to the meeting being held in their absence. Notice of any meeting or irregularity in any meeting or notice thereof may be waived by any Director.
After the election of the Board of Directors at the Annual General Meeting, the first meeting of the Board of Directors shall be held immediately following such meeting. No notice of such meeting shall be necessary to the newly elected Director or Directors in order to legally constitute the meeting, provided that quorum of Directors be present.
b. Quorum — A majority of number of authorized Directors shall form a quorum for the transaction of business.
c. Voting — Questions arising at any meeting of Directors shall be decided by a majority of votes. In cases of an equality of votes on any question the chairperson in addition to his/her original vote shall have a second or casting vote for resolution of that tie vote only.
7. Powers of Directors
The Directors may exercise all such powers of the Association as set out by the Corporations act of the Province of Manitoba or by these by-laws. They shall have the power to authorize expenditures on behalf of the Association from time to time and may delegate by resolution to an Officer or Officers of the Association, the authority to hire, employ and pay salaries to employees and shall also take such steps as they may deem requisite to enable the Association to receive donations and benefits for the purpose of furthering the objectives of the Association. In addition, the Directors shall set rules and regulations, (subject to approval and amendment) as follows:
g. Association fees
h. Travel and Accommodation
i. Referees fees
k. Financial Operation
l. Intent to Participate
m. Penalties and Protests
n. Sportsmanship Policy
p. Zone structure
q. Starting time of Competition
s. Wildcard Game(s)
t. Organization of Championship Tournaments and Meets
u. Location of Championship Tournaments or Meets
v. Regulations for Sport Commissions
w. Voting Procedures for Elections of Directors
x. Such other rules and regulations as may be required by the Association
8. For Protection of Directors and Officers
No Director or officer for the time being of the Corporation shall be liable for the acts, receipts, defaults, or neglects, of any other Director or Officer or Employee or for joining in any receipt of act for conformity or for any loss, damage or expense happening to the corporation through the insufficiency or deficiency of title to any property acquired by the corporation or for or on behalf of the Corporation or for the insufficiency or deficiency of any security in or upon which any of the monies of or belonging to the Corporation shall be placed out or invested or for any loss or damage arising from the bankruptcy , insolvency or tortuous act of any person, firm or corporation with whom or which any monies, securities or effects shall be lodged or deposited for any loss conversion misapplication or misappropriation of or any danger resulting from any dealings with any moneys, securities or other assets belonging to the Corporation or for any other loss damage or misfortune whatever which may happen in the execution of the duties of this respective office or trust or in relation thereto, unless the same shall happen by or through his failure to exercise the powers and to discharge the duties of his office honestly, in good faith and in the best interests of the Corporation, and in connection therewith to exercise the degree of care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
9. President to be Chief Executive
The President shall preside at all meetings of the Association, and of the Board of Directors. He/She shall have general and active management of the business of the Association and shall see that all order and resolutions of the Board are carried into effect and he/she or one of the vice-presidents together with the Executive Director shall sign all by-laws and all other documents which authenticate the Corporate Seal
If the President has resigned or has to be removed from office, the past president will fulfill the term as interim president.
10. Responsibility of Vice-President
In the absence of the President from time to time one of the Vice Presidents (one of 4 urban representatives or one of the 4 rural representatives) shall be elected by the Board of Directors to perform the duties and exercise the powers of the President, and the Vice-President shall from time to time perform such other duties as are delegated to them by the President or the Board of Directors.
11. Responsibility of the Executive Director
The Executive Director shall attend all meetings of the Board and all meetings of members and act as clerk thereof and record all votes and minutes of all proceedings in the books to be kept for that purpose. He/She shall give or cause to be given notice of all meetings of the members and the Board of Directors and shall perform other duties as may be prescribed by the Board of Directors or President under whose supervision he/she shall be. The Executive Director shall not be entitled to vote at any meetings of the Board of Directors, or any Special Meetings of the Association.
12. Employees and Agents
The Board may appoint such agents and engage such employees as it shall deem necessary from time to time, and such persons shall have such authority and shall perform duties as shall be prescribed by the Board at the time of such appointment.
13. By-Law Amendments
Proposed changes or amendments to by-laws or regulations must be presented to the Association Board of Directors in writing at least eight weeks prior to an Annual General Meeting.
The Executive Director shall be responsible for having copies of these proposed changes sent out to zone representatives and commissioners at least four weeks prior to the date of the Annual meeting.
By-laws or regulation amendments may be passed by a majority vote of those delegates attending the Annual General Meeting. Each zone shall be allowed three voting delegates, one of which must be an administrator.
An Administrator is defined as the Superintendent, Principal or Vice-Principal of a member school.
Each member of the Board of Directors shall be entitled to one vote.
Notices of motions and motions regarding change in the by-laws or regulations may be submitted only by the Board of Directors, or by zone representatives.
There shall be no voting by Proxy.
Any motion passed at an Annual General Meeting will be in force for a minimum two-year period before it can be voted on again. A motion may be reconsidered and brought back to the general assembly with a 2/3 majority of eligible votes. Abstentions do not count as negative votes.
14. Fiscal Year
The Fiscal year of the association shall end on March 31.
15. Annual General Meeting
a. There shall be an Annual General Meeting of this Association. The exact time and place of the meeting is to be set by the Board of Directors and all zones and other council members are to be notified at least eight weeks prior to the date set.
b. Special meetings of the Association may be called by the Board of Directors.
c. The Board of Directors will meet at such times and places as required and these meetings will be called at the discretion of the President.
d. Each zone is allowed up to three votes at the A.G.M., one of which must be an administrative vote.
e. ABSTENTIONS: Each motion will require a majority of the votes cast, that is to say abstentions will not count as negative votes.
f. MOTIONS FROM THE FLOOR: In order for a motion to be accepted from the floor 75% of all those who are eligible to vote, must vote for consideration of the motion. This means, that if there are 20 votes in attendance, then 15 votes must approve a motion to be considered. In this case abstentions do count.
g. ELIGIBILITY ISSUES: In order for an eligibility issue pertaining to age of a student athlete or numbers of years of eligibility for a student athlete to pass, this must take 66% of all eligible votes. This means, that if there are 20 votes in attendance then 14 votes are required. In this case, abstentions do count. All other matters pertaining to eligibility would require only a simple majority.
h. NOTICES OF MOTION: All motions must be submitted to the Executive Director at least eight weeks prior to the AGM or by the deadline date circulated. Each motion must have a date of implementation included. Any motion passed at the AGM meeting will be enforced for a minimum two year period and in order to be reconsidered and brought back to the general assembly requires a 2/3 majority.
i. Motions regarding Provincial Championship formats, or sport regulations, will not be considered with By-Law changes, however they may be brought up under new business, and discussed at that time. Zones will be encouraged to advise the MHSAA office of any proposed changes to Sport Regulations that they will bring up at the meeting, so the office may circulate the information prior to AGM. This can also be discussed at the Presidents meeting if advanced notice is provided.