Power over bylaws, accountability of officers, committees and elections will be removed from BUSAC
“BUSAC has scope of authority to amend and create bylaws, and that would be transferred over to the Board of Directors, and, once again, to reiterate, that will help us to comply with the Non Profit Corporations Act.” said BUSU Board of Directors (BOD) chair Harroop Ahuja at BUSAC on Sept 25 (Video).
BOD would “responsible for the legislation of the corporation,” said Ahuja’s presentation to BUSAC on Sept 25.
BUSU claims the changes are required by provincial law and was advised by “BUSU’s legal team” Lancaster, Brooks and Welch LLP.
“BUSAC will continue clubs funding and other business that it is required to conduct with the exception of the things that it is already not supposed to be doing”, said BUSU president Bilal Khan at BUSAC during question period on Oct 9.
“Our board is responsible and liable for decisions that the council makes” Khan said.
During question period Oct 9, BUSU General Manager Robert Hilson also referenced ONCA, The Non-Profit Corporations Act. Hilson said, “BUSAC can actually pass legislation that then passes risk to the board… When we get into ONCA, that actually becomes illegal.”
BUSAC to be stripped of legislative powers
Under the proposal, the BUSU Constitution would be renamed to “Bylaw №1”. The Appendix document for the referendum question is a renamed and edited BUSU Constitution.
The edits, marked in red across 26 pages, are a substantial shift in power in BUSU governance.
The elected representatives BUSAC will lose powers over elections, committees, reports, and accountability of BUSU Executives.
In current legislation, Officers of the Corporation (Executives) “shall be accountable” to BUSAC. Under the new proposal, Execs “shall be accountable” to the Board of Directors.
It is no longer required that Executives “shall report their activities” to BUSAC — they will report to the Board. Executive reports could disappear from council. If Exec reports continue at BUSAC it would be as a courtesy — not as a legislative requirement.
BUSAC’s powers to “establish and administer organizations and committees” has also been removed from Article VII. In the new Bylaw №1, the term “committees” is defined but does not appear to be used in specific language after the removed portion of Article VII — It was not added to Article V (Board of Directors).
BUSAC’s power to “legislate as to the conduct and format of elections for office within BUSU” was also deleted and not relocated elsewhere.
The BUSU constitution was first ratified in 1997 and was amended in 2008, 2009, 2012 and 2013. Previous amendments were minor in comparison.