ALBERTA
SHORTHAND REPORTERS ASSOCIATION
BY-LAWS
1(1) In these
by-laws,
(a)
"Act" means the Societies Act;
(b)
"Association" means the Alberta Shorthand Reporters Association;
(c)
"certified shorthand reporter", "shorthand reporter",
"associate member” and "honourary member" mean respectively a
member of the Association in the category of membership described;
(d)
"Council" means the Council of the Association;
(e)
"Council members" means those persons elected or appointed to the
Council in accordance with these by-laws, and includes the President;
(f)
"President", "First Vice President", "Second Vice
President", "Secretary" and "Treasurer" mean
respectively the Council member holding that office;
(g)
"voting members" means certified shorthand reporters and
participating shorthand reporters.
(h)
"shorthand reporting" means the taking of a verbatim record of the
spoken word by means of shorthand symbols either manually or by machine and the
reading back and the transcribing of those shorthand notes upon request.
(i)
"practicing reporter" means anyone who is actively engaged in the
practice of shorthand reporting. A reporter ceasing to be actively engaged in
the practice of shorthand reporting for a period exceeding two years shall be considered
no longer practicing.
(2) Unless a
contrary intention appears, the Interpretation Act applies to these by-laws.
(3) Words
defined in the Act have the same meaning in these by-laws.
PART
I
COUNCIL
OF THE ASSOCIATION
Council
2(1) There shall
be a Council of the Association composed of 8 certified shorthand reporters,
including any honorary member.
(2) The
following offices on Council are established:
(a) President;
(b) First Vice
President;
(c) Second
Vice President, who shall be chairman of the Discipline Committee;
(d) Secretary;
(e) Treasurer,
and
(f) Chairman
and Registrar of the Practice Review Committee;
(g) Chairman
and Registrar of the Registration Committee.
3(1) Council
members continue in office until their respective successors are duly elected, appointed,
or designated with these by-laws.
(2) Subject to
the Act and these by-laws, the Council shall manage the affairs of the
Association and may exercise those powers and do those things that may be exercised
or done by the Association in the name of and on behalf of the Association.
President
4 The person
elected as President holds office as President until the close of the next
annual general meeting.
5 The President
shall, when present, preside at all meetings of the members of the Association
and of the Council.
6 The President
is responsible for the general management and supervision of the affairs and
operation of the Association.
First
Vice President and Second Vice President
7(1) The First
Vice President shall, in the absence or inability to act of the President, assume
all the functions, duties, powers, and responsibilities of the President.
(2) The Second
Vice President shall, in the absence or inability to act of the President and the
First Vice President, assume all the functions, duties, powers, and
responsibilities of the President.
(3) In the
absence or inability to act of the President, First Vice President, and the
Second Vice President, the Council may appoint another council member to assume
the functions, duties, powers, and responsibilities of the President.
Secretary
8(1) The
Secretary is responsible for:
(a) attending
all meetings and recording proceedings in the books kept for the purpose;
(b)
giving any notices required to be given to members of the Association and
members of the Council;
(c)
the custody of the seal of the Association and of all books, papers, records,
correspondence, contracts and other documents belonging to the Association
which he shall deliver up to his successor as Secretary or to any other person
when authorized to do so by a resolution of the Council;
(d) completing
and filing any documents required by law to be completed and filed;
(e) such other
duties as may be determined by the Council.
(2) The
Secretary or another Council member specified by the Council shall maintain and
have charge of the minute books of the Association.
Treasurer
9 The Treasurer
is responsible for
(a)
keeping full and accurate accounts of all receipts and disbursements of the
Association proper books of account;
(b)
depositing all moneys or valuables of the Association in the name and to the
credit of the Association in such bank, treasury branch, or financial
institution as may be designated by the Council;
(c)
disbursing the funds of the Association in accordance with any direction made
by the Council and providing to the Council a financial report whenever it is
required;
(d) such other
duties as may be determined by the Council.
Resignation
or Vacancy
10 If a Council
member
(a) resigns,
or without reasonable excuse, absents himself from three or more Council
meetings, or
(b) is
suspended or expelled from the Association,
the Council
shall declare his office vacant and shall appoint a successor to hold office
until the next annual general meeting. At such annual general meeting, an
election shall be held for the vacant position or for the unexpired term, as
appropriate.
Quorum
11 Five or more
Council members form a quorum for the transaction of business of the Council.
Remuneration
and Expenses
12(1) The voting
members of the Association may from time to time determine the remuneration to
be paid to Council members.
(2) Except for
expenses incurred at an annual general meeting, Council members are entitled to
be reimbursed their reasonable travelling and living expenses while engaged in
the business of the Association.
Indemnification
13 Every Council
member shall be indemnified and saved harmless out of the funds of the
Association from and against
(a)
all costs, charges and expenses that he sustains or incurs in or as a result of
any action proceeding that is brought, commenced, or prosecuted against him for
or in respect of any act, matter, or thing made, done, or permitted by him in
the course of the execution of his duties under this Act and by these by-laws,
and
(b)
all other cots, charges, and expenses that he sustains or incurs in or in
relation to the business and affairs of the Association,
except any costs,
charges, or expenses occasioned by his own willful neglect or default.
Borrowing
14(1) Subject to
the Act, for the purpose of carrying out the duties and responsibilities of the
Association, the Council may borrow or raise or secure the repayment of money
in any manner that the Council determines.
(2) In
accordance with the Act, no debentures shall be issued without the sanction of
a special resolution of the voting members.
Fundraising
15 Council may, from time to
time, apply for permission to the current governing agency for approval to
participate in fundraising events such as bingos, casinos, raffles, or other
events as determined by Council. Any excess funds not expended in accordance
with the governing funding agency guidelines will be donated to a charity named
by Council. (adopted September, 2005)
PART
2
ELECTIONS
Nominating
Committee
16 At least 30
days before an annual general meeting, the Council shall appoint a certified
shorthand reporter as Returning Officer.
17 The nominating
committee is responsible for ensuring that there are at least as many
candidates running for election to the Council as there are vacancies on
Council.
Returning
Officer
18(1) At least
30 days before an annual general meeting, the Council shall appoint a certified
shorthand reporter as Returning Officer.
(2) If an
appointed Returning Officer becomes incapable of acting as the Returning
Officer, the Council may appoint a replacement Returning Officer.
(3) A Council
member shall not be appointed as Returning Officer.
19 The
appointment of a Returning Officer terminates on the destruction of the ballot
papers following the election for which the Returning Officer is appointed.
Annual
Elections
20 Each year, at
the annual general meeting of the Association, an election shall be held, first
for President and thereafter for other Council members, where there are
vacancies.
21 Any certified
shorthand reporter, including any honorary member of the Alberta Shorthand
Reporters Association, is eligible to be nominated and stand as a candidate for
council member, and thereby eligible to seek election as President.
Nominations
22 A candidate
for election as a Council member may be nominated from the floor at the annual
general meeting of the Association or by written nomination by certified
shorthand reporters.
Written
Nominations
23(1) The
President or any other Council member is eligible to be nominated for
re-election.
(2) Any Council
member is eligible to seek election as the President.
Secret
Ballot
24(1) Voting for
election of Council members shall be by secret ballot.
(2) Only
certified shorthand reporters and participating shorthand reporters are
entitled to vote at an election for Council members.
Voting
(3) The decision
of the Returning Officer is final.
Elected
Persons
25(1) The person
elected as President holds office as President for the first year and, unless
re-elected as President, as a member of Council the second year.
(2) The persons
elected as the Council members, other than the President, hold office until the
conclusion of the annual general meeting in their second year of office.
PART
3
MEMBERSHIP
26 The members
of the Association shall be the subscribers to the application for
incorporation and such other persons as are admitted as members of the
Association in accordance with these by-laws.
Certified
Shorthand Reporter
27(1) A
certified shorthand reporter
(a) is
entitled to vote at meetings of the Association;
(b) is
entitled to nominate or be nominated as President or other member of Council;
(c)
may participate in the activities of the Association and receive such other
benefits as may be prescribed by the Council from time to time;
(d)
is eligible to write the examination approved by the Council in order to
prepare for an examiner's licence.
(2) A certified
shorthand reporter shall pay such fees, dues, or levies as the Council may from
time to time determine.
Participating
Shorthand Reporter
28(1) A
participating shorthand reporter
(a) is
entitled to vote at meetings of the Association;
(b) is
entitled to apply for certified shorthand reporter status;
(c)
may participate in the activities of the Association and receive such other
benefits may be prescribed by the Council from time to time.
(2) A
participating shorthand reporter shall pay such fees, dues, or levies as the
Council may from time to time determine.
Associate
Member
29 An associate
member
(a) is
entitled to be recognized as being associated with the Association;
(b)
is eligible to apply to the Registration Committee for participating shorthand
reporter or certified shorthand reporter status;
(c) is
entitled to attend meetings of the Association;
(d) may
receive such other benefits as may be prescribed by the Council from time to
time.
Honorary
Members
30 An honorary
member may receive such benefits as may be prescribed by the Council from time
to time.
PART
4
MEETINGS
Notice
31(1) Notice of
the date, time, and place of all annual, general, or special meetings, together
with the proposed agenda shall be given to all certified shorthand reporters,
participating shorthand reporters, and associate members personally, by
facsimile, by e-mail, or prepaid mail postmarked at least 21 days before the time
fixed for the holding of the meeting.
(2) Unless the
Act otherwise provides, the notice referred to in subsection (1) may be waived
by a vote to do so of voting members.
Quorum
32 A quorum at
annual, general, or special meetings is 20 voting members.
Notices
33 A notice
required to be sent to a member of the Association may be delivered personally,
by facsimile, e-mail, telephoned, or sent by mail to the members recorded on
the Register of members maintained by the Registration Committee.
PART 5
GENERAL
Amendments
and Rules
34(1) No repeal,
re-enactment, or amendment to these by-laws is effective unless a special
resolution is passed by the voting members.
(2) The Council
may from time to time adopt internal rules that do not conflict with and are
not inconsistent with these by-laws.
Dissolution
and Winding Up
35(1) The
Association shall not be voluntarily wound up unless a special resolution is
passed by the voting members.
(2) In the event
that the Association is dissolved or wound up, certified shorthand reporters
and participating shorthand reporters are entitled to participate in any
distribution of the property of the Association.
Mail
Vote
36(1)
Notwithstanding anything else contained in these by-laws, the Council may
direct that a mail or electronic vote be taken on any matter that requires the
approval of the membership, including changes to existing or proposed by-laws
or Regulation. The Council shall determine the form and wording of the ballot
and shall include, as part of the ballot, a clear explanation of the matter to
be voted on. The ballot shall be mailed, faxed, e-mailed, or other such method
as Council deems appropriate, to each voting member in good standing. In order
to be counted for or against the matter, the ballot must be properly marked and
returned to the Secretary within the time period specified by the Council and
indicated plainly on the ballot. Upon the expiry of the specified time, the
ballots shall be counted by the Secretary in the presence of not less than two
certified or participating shorthand reporters in good standing who are not
members of Council. Notice of the result of the ballot shall be sent forthwith
to each member of the Association.
(2) In order for a mail or electronic vote to be valid, a minimum of
twenty ballots properly marked must be returned to the Secretary.
(3) In all votes, a majority shall decide the question, except in
the matter of a Special Resolution, when the majority of three-fourths shall be
required. (amended September,
2005)
Payment
of Dues
37(1) Annual
fees are payable on or before October 1 each year.
(2) If a person
fails to pay annual membership fees or any late payment levy within 3 months of
the date it becomes due, that person shall be considered to have resigned from
the Association.
Membership
Resignation
38 A certified
shorthand reporter, participating shorthand reporter, and an associate member
may resign from membership in the Association by notice in writing to the
Membership Committee.
Inspection
of Books and Records
39(1) Subject to
subsection (2), the Council shall determine whether and to what extent and at
what times and places and under what conditions the accounts and books of the
Association or any of them shall be open to the inspection of members, and no
member of the Association has any right to inspecting any account or book or
document of the Association except as conferred by law or authorized by
the Council or by resolution of the voting members, whether previous notice
thereof has been given or not.
(2) Council
members may inspect accounts, book, and records of the Association at any time.
Auditing
of Books
40 The books of
the Association shall be audited by two Certified Shorthand Members in good
standing at the conclusion of each fiscal year, in consultation with a
qualified accounting professional who shall prepare a written financial report
for presentation to the membership at the Annual General Meeting.
PART
6
CODE
OF PROFESSIONAL RESPONSIBILITY
41 In this Part,
"shorthand reporter" means a certified shorthand reporter and a
participating shorthand reporter.
Impartiality
42(1) The
shorthand reporter shall avoid any appearance of conflict of interest by
conducting himself with impartiality toward all participants in every case.
(2) The
shorthand reporter shall refrain from accepting or providing gifts or favours
in connection with his work.
(3) The
shorthand reporter shall disclose to the appropriate authority past financial,
business, professional, family, or social relationships which might reasonably
create an appearance of partiality.
Confidentiality
43(1) The
shorthand reporter shall preserve the confidentiality of information entrusted
to his possession which is so classified and shall take whatever steps are
necessary to ensure its security and privacy.
(2) The
shorthand reporter shall preserve and file all shorthand notes in an organized
manner so that they may be retrieved, if needed, at a later date.
(3) Shorthand
notes shall be retained for a period of not less than 5 years, unless otherwise
specified by law or rule of court.
Contribution
to Judicial Process
44 The shorthand
reporter shall contribute to the integrity and impartiality of the judicial
process or of any other proceeding by conducting himself in a manner that is
fair and courteous to all participants.
Diligence
45(1) The
shorthand reporter shall act with diligence to complete and deliver transcripts
in accordance with the provisions of court rules, if applicable, or within a
reasonable time after they have been ordered.
(2) A
determination of what constitutes "reasonable time" shall take into
consideration such factors as the length of the transcript to be delivered, the
transcript backlog experienced by the reporter at the time of placement of the
particular order, and the time available for transcript preparation.
(3) The
shorthand reporter shall refrain from promising transcript delivery dates he
cannot reasonably expect to fulfill.
Accurate
Transcripts
46 The shorthand
reporter shall prepare a true and accurate transcript that is neat in
appearance and shall provide a fair value to the user.
Public
Statements
47 The shorthand
reporter, whenever making public statements, announcements, or advertisements,
shall provide truthful, accurate, and adequate information that does not
deceive or mislead the public about qualifications and the services he
provides.
Objectives
48(1) In his
professional practice, the shorthand reporter will strive to meet the following
objectives:
(a) to observe
the law and maintain a high standard of personal conduct;
(b)
to recognize his responsibility to the public interest and to his profession,
to contribute to the development and understanding of better ways to serve the
interest of justice and to make a record of the proceedings that is true and
accurate;
(c)
to apply his knowledge and experience working in cooperation with the Bench and
the Bar toward the improvement of the administration of justice;
(d) to perfect
and enlarge his professional knowledge in addition to improving his skills;
(e) to
recognize his responsibility and accountability to his employer;
(f)
to associate with organizations having as their objectives the betterment of
the shorthand reporting profession in the public interest and contribute his
time in carrying on the work of these organizations;
(g) to give
just recognition to the work of his peers without distortion or discrimination;
(h)
not to engage in commercial activities that conflict with his responsibilities
to the person he serves professionally.
(2) The
shorthand reporter will seek the freest professional discussion of all
theoretical and practical issues, but avoid personal invective directed towards others.
Code
of Ethics
Part
1 - Business Practice
(3) The
shorthand reporter shall
(a) be fair
and impartial toward each participant in all aspects of reported proceedings;
(b)
be alert to situations that are conflicts of interest or that may give the
appearance of a conflict of interest. If a conflict or a potential conflict
arises, the reporter shall disclose that conflict or potential conflict;
(c) guard
against not only the fact but the appearance of impropriety;
(d)
preserve the confidentiality and ensure the security of information, oral or
written, entrusted to the reporter by any of the parties in a proceeding;
(e)
be truthful and accurate when making public statements or when advertising the
reporter's qualifications or the services provided;
(f)
refrain, as an official reporter, from freelance reporting activities that
interfere with official duties and obligations;
(g)
determine fees independently, except when established by statue or court order,
entering into no agreement with other reporters on the fees to any user;
(h) maintain
the integrity of the reporting profession;
(i)
refrain from giving, directly or indirectly, any gift, incentive, reward, or
anything of value to attorneys, clients, or their representatives or agents,
except for nominal items that do not exceed $100 per transaction and $200 in the
aggregate per recipient each year.
Part
2 - Professional Standards of Business Practice
The shorthand
reporter should
(j)
accept only those assignments when the reporter's level of competence will
result in the preparation of an accurate transcript. The reporter should
remove himself from an assignment when he believes his abilities are
inadequate, recommending or assigning another reporter only if such reporter
has the competence required for such assignment;
(k)
prepare the transcripts in accordance with the regulations established by the
Alberta Rules of Court for official court reporters, whether or not the court
reporter is an official court reporter;
(l)
notify the parties engaging the reporter if a substitute reporter will be
assigned to report the proceedings;
(m)
preserve the shorthand notes in accordance with statute or court order, or for
a period of not less than 2 years from the date of delivery of a transcript and
not less than 5 years from the date of the assignment where no transcript has
been ordered;
(n) meet
promised delivery dates, or make timely delivery of transcripts when no date is
specified;
(o) strive to
become and remain proficient in his professional skills;
(p)
keep abreast of current literature and developments, and participate in
continuing education programmes;
(q)
assist in improving the reporting profession by participating in national, provincial,
and local association activities that advance the quality and standards of the
reporting profession;
(r) cooperate
with the Bench and Bar for the improvement of the administration of justice.
Part
3 - Business Practices
(s)
Any form of promotions, rewards, or kickbacks to clients for booking the court
reporting services of any particular firm not be allowed.
(t)
Advertising literature promoting only court reporting services be utilized.
Repeal
49 The by-laws
of the Association filed on ____________________________ are repealed.
(Revised
September, 2005)
