THORNHILL COMMUNITY HOCKEY LEAGUE
CONSTITUTION
(Revised June 5, 2001)

AIMS AND OBJECTIVES. PAGEREF _Toc98888788 \h 2

AFFILIATION. PAGEREF _Toc98888789 \h 2

TERRITORY. PAGEREF _Toc98888790 \h 2

HOUSE LEAGUE. PAGEREF _Toc98888791 \h 3

SELECT. PAGEREF _Toc98888792 \h 3

PLAYERS. PAGEREF _Toc98888793 \h 5

MEMBERSHIP. PAGEREF _Toc98888794 \h 6

MEMBERSHIP MEETINGS. PAGEREF _Toc98888795 \h 6

BOARD OF DIRECTORS. PAGEREF _Toc98888796 \h 7

BOARD OF DIRECTORS MEETINGS. PAGEREF _Toc98888797 \h 8

APPOINTMENT OF THE EXECUTIVE. PAGEREF _Toc98888798 \h 10

OFFICIAL APPOINTMENTS. PAGEREF _Toc98888799 \h 14

APPEALS. PAGEREF _Toc98888800 \h 16

RULES, REGULATIONS AND BYLAWS. PAGEREF _Toc98888801 \h 16

AMENDMENTS TO THE CONSTITUTION. PAGEREF _Toc98888802 \h 17

TCHL CREST. PAGEREF _Toc98888803 \h 18

ORGANIZATION

1) The Thornhill Community Hockey League (‘TCHL") is a duly incorporated company pursuant to the laws of the Province of Ontario. The provisions of the Corporations Act of Ontario as amended (non-share capital corporations) shall apply except where modified by this Constitution. The fiscal year for the TCHL shall be the year ending April 30 each year.

NAME

2) This corporate organization shall be known as the Thornhill Community Hockey League.

AIMS AND OBJECTIVES

3) The aim and objective of the TCHL shall be to promote house league and select hockey in and around Thornhill (Markham) by providing an opportunity for youth, regardless of experience or ability to develop:

a) the fundamentals of skating and safe hockey.

b) an understanding and appreciation of team competition.

c) good sportsmanship among all the participants.

d) a community spirit.

4) The TCHL shall be a non-profit organization and shall carry out all its activities without pecuniary gain or profit to its Members.

5) The TCHL may sponsor and/or promote such athletic, social and other activities as may contribute to the financial, moral welfare or betterment of the TCHL.

6) The TCHL shall exercise control, supervision and direction of its organization, the players and the Members in accordance with the terms of this Constitution or by any rules, regulations or policies made hereunder.

AFFILIATION

7) The TCHL shall operate under the auspices of the Ontario Minor Hockey Association (OMHA) or the Greater Toronto Hockey League (GTHL) at the discretion of the Board of Directors. The provisions of the rules and regulations of the OMHA or GTHL shall apply to the TCHL except in so far as may be and are modified by this Constitution.

TERRITORY

8) The primary territory of the operation of the TCHL shall be Markham, Ontario but this is not intended to prohibit registration or membership in the TCHL for persons outside of this area. Subject to any specific directions from the Board of Directors or any other policy set by the Board of Directors, priority for registration or membership shall be afforded to the residents of Markham, then to former players of the TCHL, and thereafter to residents of communities outside Markham.

HOUSE LEAGUE

9) The TCHL shall have as its primary function the operation of a house league for all its players.

10) Subject to any rules or regulations, whenever a conflict arises between the house league program and the select program, then the house league program shall be given priority. Failure to comply with this provision shall result in the coach and other responsible individuals being disciplined by the Board of Directors in a manner to be determined by the Board of Directors. The Board of Directors may pass any rules or regulations to deal with the manner in which specific conflicts between the house league program and the select program are dealt with.

11) It is the intention of the TCHL that TCHL funds shall be used as much as possible exclusively for the house league program and TCHL administration. The Select program shall to the extent possible be self-sufficient financially.

SELECT

12) In order for a player to be eligible for the Select program, it is a prerequisite that all players play in the TCHL’s house league program.

13) Where possible, the TCHL shall establish a Select program for all divisions of the TCHL as determined by the Board of Directors.

14) Players shall be selected from the TCHL’s house league program in the age appropriate division by the coach of the particular select team based on the player’s hockey skills and his/her demonstration of the quality of good sportsmanship so as to properly represent the TCHL.

15) The Select Program shall encourage maximum participation of the TCHL house league players.

16) Select players and team staff should at all times demonstrate the aims and objectives set out in article 3 of this Constitution.

17) The Vice-President Select, as Chairman of a committee chosen by the Board of Directors for this purpose, shall be responsible for the nomination of the Select Coaches. The VP Select shall ensure that the Coaches adhere to the provisions of this Constitution. The Vice-President Select shall be responsible for the day-to-day operations of the Select program and shall report to the Board of Directors as necessary or directed by the Board of Directors.

18) The Select Coaches shall be responsible for the nomination of their own staff (assistants, managers, treasurer’s etc.), subject to the approval of the Coach Selection Committee. The Select Coach may, when necessary, replace or add staff to his/her select Team subject to the approval of the Coach Selection Committee.

19) i) As a result of the Select program being a self sufficient financial part of the TCHL, each Select team shall organize and raise its own funds provided that prior approval of all fund raising activities have previously been given by the Vice-President Select.

ii) Each Select team shall at the end of each season provide a short summary of the team’s financial affairs to the Board of Directors as well as to each custodial parent or legal guardian of the players on the Select Team.

iii) At the end of each season each select team shall carry over a zero balance in the team bank account. No funds are to be carried forward to the next season. Any unused funds must be distributed proportionately among the participants.

PLAYERS

20) All player applicants shall submit a duly completed application accompanied by the registration fee, which form and fee shall be determined from time to time by the Board of Directors. The Board of Directors may set a deadline for the acceptance of applications. The Board of Directors, on a case-by-case review, taking into account the interests of the TCHL, shall consider any applications received after the deadline.

21) No player shall be permitted to play or practice in the House league or Select Programs unless the player application has been accepted by the TCHL, the registration fee has been paid in full, and the player and the player's custodial parent or legal guardian has duly executed the application.

22) Eligibility to play shall be open to all boys and girls who are over the age of three years old, at the commence of play, and less than 21 years old, as of December 31 of that season. Priority of registration shall be as set forth in this Constitution. Each player applicant shall provide such proof of age and residence as may be required by the Registrar.

23) The Registrar may recommend to the Board of Directors to refuse acceptance of a player application where the Registrar determines that the acceptance of the application is not in the best interests of the TCHL.

24) No player shall be permitted to play in the TCHL who is registered in another hockey league (other than in a school league or other league expressly approved by the Board of Directors). Any player violating this rule shall be immediately suspended and shall remain suspended unless and until the Board of Directors reinstates the player.

25) The Board of Directors shall set a deadline for the completion of OMHA or GTHL registration cards by the players and coaching staff. No player shall be permitted to play nor shall anyone participate in the coaching of any teams after the deadline until a valid and proper OMHA or GTHL registration card has been received by the TCHL. Failure to abide by this shall result in disciplinary action by the Executive, as they deem appropriate.

26) The President may in exceptional circumstances and where they consider it in the best interests of the TCHL, vary or remove any requirement for the registration of a player.

MEMBERSHIP

27) The membership of the TCHL shall be composed of:

(a) The current Board of Directors

(b) The past Presidents of the TCHL

(d) Custodial parents and legal guardians of the registered players in the current years

(e) TCHL Players 16 years of age or older.

28) Where a member or an immediate member of his or her family pursues legal action against the TCHL or a Member of the TCHL with respect to any matter in any way related to the TCHL, that member shall not be permitted to serve on the Board of Directors, or act in any capacity including head convenor, convenor, coach, assistant coach, manager or trainer.

MEMBERSHIP MEETINGS

29) There shall be an Annual Meeting within 12 weeks of Championship Day.

30) All Members in good standing are entitled to attend the Annual Meeting.

31) Notice of the Annual Meeting shall be posted at the Thornhill Community Centre and shall be advertised in the local newspaper at least 3 weeks prior to the date of the Annual Meeting.

32) The Annual Meeting shall be held at a location to be designated by the President.

33) The Agenda for the Annual Meeting shall be set by the President but shall include the Minutes of the last Annual Meeting, a Treasurer’s Report, and any proposed amendments to the Constitution.

34) Proxies shall not be allowed at the Annual Meeting or any other meeting of the Members.

35) The President may call a Special Meeting of the Members when the President considers it absolutely necessary to do so. The President shall call a Special Meeting of the Members when requested to do so by a Board of Director’s resolution or when requested by 50 Members in writing.

36) Notice of the Special Meeting shall be given in the same manner as is required for an Annual Meeting.

BOARD OF DIRECTORS

37) The Members shall at the Annual Meeting elect the President, Vice-President House League, Vice-President Select and up to 13 directors. Members of the TCHL who wish to run for the position of President, Vice President House League and Vice President Select must advise the Board of Directors in writing on or before March 31 of the election year. This list to be published in conjunction with notification of the Annual Meeting.

38) To be eligible for a directorship in the TCHL the person must be a Member in good standing in the current year or have previously served as a Member of the Board of Directors.

39) The immediate past President shall automatically be entitled to a seat on the Board of Directors for the subsequent year and each year thereafter until there is a new past President.

40) A quorum for Board of Directors meetings shall be 50% of the current number of directors.

41) The term of office for members of the Board of Directors shall be for a period of two (2) years (until the next Annual Meeting) with a maximum of seven (7) each year. The President, Vice President House League and Vice President Select shall each be for a term of two years, unless removed earlier in accordance with this Constitution by a Board of Directors Resolution or by the Members at a Special Meeting.

42) A member of the Board of Directors may be removed by a:

(a) Majority of the Members at a Special Meeting.

(b) 2/3 vote of the directors, at a Board of Directors meeting, where the Board of Directors are satisfied that it is in the best interests of the TCHL that the director be removed. Provided that the director to be removed is given prior notice of the intention to remove him/her from the Board of Directors at least five (5) days prior to the meeting.

43) The Board of Directors may by a 2/3 majority vote of the meeting duly called for such purpose, fill any vacancies on the Board of Directors.

BOARD OF DIRECTORS MEETINGS

44) The first Board of Directors Meeting shall take place within 3 weeks of the Annual Meeting and shall be called by the President. The President shall either orally or in writing advise the newly elected Board of Directors of the place and time of the first meeting. The purpose of the first meeting shall be the election of the balance of the Executive from amongst the members of the Board of Directors and to set the dates of the regular Board of Directors Meetings for the upcoming hockey year until the next Annual Meeting.

45) The newly elected Secretary shall then provide to each member of the Board of Directors the name, address and telephone number of each member of the Board of Directors as well as a schedule of the regular Board of Directors Meetings.

46) The President may where he considers it necessary to change the time and/or place of the regular Board of Director meetings or call such additional meetings as the President considers necessary by advising the Board of Directors either orally or in writing of such changes in time or place or of the new meetings.

47) The Board of Directors shall meet at least once per month during the months of August through April and at any other times the Board of Directors or the President consider it necessary.

48) All members of the Board of Directors are entitled to one vote including the President (who shall chair all Board of Directors meetings). A director who has a conflict of interest in a matter before the Board of Directors shall declare his conflict and shall refrain from voting on any matter relating to the conflict.

49) All matters shall be decided by a majority vote of the Board of Directors at duly called meetings unless required otherwise by this Constitution. All votes shall be by hand unless requested by any member of the Board of Directors who may insist upon a vote by secret ballot.

50) The overall management and administration of the TCHL shall be vested with the Board of Directors who have the power to take any and all actions empowered under this Constitution. The Board of Directors Executive shall be responsible for the day-to-day operations of the TCHL and shall report to the Board of Directors as necessary or as required by the Board of Directors. The Board of Directors shall have the exclusive jurisdiction to determine:

(a) All matters or contracts involving expenditures in excess of $500.00.

(b) All policy matters.

(d) All matters of major or significant importance to the TCHL.

(e) Any matter which the Board of Directors specifically advise the Executive that they retain control over.

(f) Setting annual budgets and any revisions thereto.

51) The Board of Directors may retain and employ any outside professionals or persons as they see fit when they consider it necessary for the better operation of the TCHL or where it is in the TCHL’s interest to do so.

APPOINTMENT OF THE EXECUTIVE

52) The Board of Directors shall elect from amongst themselves the Treasurer, Secretary and Registrar. Any member of the Board of Directors shall be eligible for any available position on the Executive.

53) The Executive shall consist of:

(a) President

(b) Vice-President House league

(d) Treasurer

(e) Secretary

(f) Registrar(s)

(g) Past President.

54) The Executive of the TCHL shall have full authority to act within the scope of this Constitution including:

(a) To appoint such committees, officials, voluntary and paid personnel as it may deem necessary and appropriate for the efficient operation of the TCHL.

(b) Hold meetings as required.

55) The President shall have the responsibility and authority to:

(a) Execute documents on behalf of the TCHL.

(b) Preside at all meetings.

(c) Exercise the powers of the Executive, the Board of Directors or the Members in case of an extreme emergency (subsequent to such action the President shall have his actions ratified by the appropriate Executive, Board of Directors or Members).

(d) Sit on all committees as ex-officio voting member.

(e) Deal with the Markham Parks and Recreation Department and to oversee the allocation of ice time for all teams.

(f) Call all meetings as deemed necessary

(g) Generally act as the Chief Executive Officer of the TCHL.

56) The Past President shall have the responsibility and authority to assist the President in all his functions as may be delegated to the Past President and any and all other matters which have been assigned to the Past President by the Board of Directors or the Executive.

57) The Vice President House league shall have the responsibility and authority to:

(a) In the absence or inability of the President to act as the interim President with the authority given to the President,

(b) Generally oversee the operation of the house league program and to ensure that house league program complies with this Constitution.

(c) Be responsible for the nomination of Convenors for approval by the Board of Directors, whom the Executive without cause or reason can replace at any time.

(d) Advise the House league Convenors on selection of Coaches, which selection be approved by the Executive.

(e) Act as a member of the Disciplinary Committee.

(f) Approve schedules - exhibition, house league and tournaments.

(g) Assist the President with the allocation of schedules of all games and the appropriate ice time for the efficient operation of the house league.

(h) Oversee championship day for the house league.

(i) Approve all house league expenditures under $500.00.

(j) Approve and/or assist in approving all equipment purchases and distribution within the house league program.

58) The Vice President Select shall have the responsibility and authority to:

(a) Generally oversee the operation of the Select Program and to ensure that the Select Program abides with this Constitution and any rules, regulations and policies passed hereunder.

(b) Be responsible for the nomination of coaches, who the Executive without cause or reason can replace any at any time.

(d) Be the liaison with other Select organizations.

(e) Approve all participation by the select teams in tournaments particularly where the tournaments are outside of the Greater Toronto Area.

(f) Ensure that all select teams comply with the requirements of the governing body (GTHL or OMHA).

(g) Approve all select expenditures under $500.00.

(h) Approve and or assist in approving all equipment purchases and distribution within the select program.

59) The Treasurer shall:

(a) Keep a record of all monies received and disbursed, deposit all monies in the TCHL bank account and make all disbursements by cheque as directed and approved by the Executive and the Board of Directors.

(b) Ensure that there is only one TCHL bank account for the operation of the TCHL (in addition to any other necessary investment vehicles approved by the Executive) and that the only signatories to that account are 2 of the Treasurer, President, Vice President House league or Secretary.

(d) Have the financial statements examined by an accountant at the end of each TCHL year of operations

(e) Provide the Board of Directors with a financial report regularly or as requested.

(f) Obtain or arrange to obtain appropriate coverage of all insurance policies for the operations of all aspects of the TCHL

(g) Accept and carry out all other financial related matters necessary for the operation of the TCHL and such other matters as the Executive or the Board of Directors may require.

60) The Secretary shall:

(a) Perform all general secretarial duties and attend at all general and executive meetings.

(b) Publish the notice of the Annual Meetings and Special Meetings of the Members.

(d) Keep an accurate record of all proceedings of the TCHL and maintain an up to date mailing and telephone list of all executive, board members, coaches, referees etc.

(e) Record the minutes of all general and executive meetings.

(f) Arrange for meeting rooms for all meetings.

(g) Such other secretarial functions as may be delegated to the Secretary by the President or the Board of Directors.

61) The Registrar shall:

(a) Administer generally the registration of all players and members of the TCHL.

(b) Establish dates for registration and appoint volunteers to oversee all registration,

(d) Keep a receipt book of all monies received from registered players.

(e) Obtain the approval of the Executive before making any refunds outside of the TCHL’s refund policy.

(f) As set forth above make determinations as to which registrations are to be accepted.

(g) Deny playing privilege to any player unless the registration fee is paid in full or appropriate proof of age and residence (as may be required by the Registrar) is not forthcoming.

(h) Accept and carry out any Registrar duties, which may be directed by the President or the Board of Directors.

OFFICIAL APPOINTMENTS

62) The Executive shall have the power to appoint any member of the Board of Directors (or a person not on the Board of Directors provided that a majority of the Board of Directors have approved a resolution to this effect) to any position(s) with delegated responsibilities which the Executive deem necessary for the proper operation of the TCHL including:

(a) Equipment Manager: whose responsibilities shall include the selection, purchase storage, distribution and collection of all TCHL equipment, sweaters etc.

(b) Head Convenor or Group Convenors: whose responsibilities will be to assist the vice-president House league in the due operation of the TCHL house league program and who shall nominate Convenors for each age group and ensure that the Convenors perform the tasks assigned to them. The Head Convenor and the Executive shall have the absolute discretion with respect to the selection of Convenors. The Executive may remove any Convenor at any time without cause or reason.

(c) Sponsor Manager(s): whose responsibilities shall include obtaining sponsors for the House league teams and to ensure that the sponsors have paid the prescribed fee (to be set by the Board of Directors from time to time). And to ensure that all funds received are properly recorded and immediately paid to the Treasurer. The Sponsor Manager shall also ensure that each sponsor receive whatever gifts or other mementos have been determined by the Board of Directors should be received by the sponsors.

(d) Trophy Manager: whose responsibilities shall include the selection, purchase, storage, distribution and repair of all TCHL trophies, pendants and other such items,

(e) Tournament Manager(s): whose responsibilities shall include all aspects of the organization of TCHL sponsored tournaments except that the Board of Directors shall be responsible for the determination of the fees to be charged to the teams and for admission.

(f) OMHA/GTHL Liaison: whose responsibilities shall be to liaise with the governing body, OMHA or GTHL, on any matters involving the TCHL and to act as the TCHL representative before the OMHA/GTHL (subject to the President’s discretion to deal with any matters himself).

(g) Photography Manager: whose responsibilities shall include the selection, purchase of photography needs of the TCHL subject to the Board of Directors prior approval of any arrangement with the photographer to be used. The Photography Manager shall also be responsible for the selection of times, the announcement of times, availability of teams, distribution of pictures and any other aspects involving the photographs.

(h) Referee in Chief: who need not be a Member of the Board of Directors to be so appointed and who shall report as directed by the Board of Directors, and whose responsibilities shall include liaison between the referees, the Board of Directors, the Executive and the Convenors; the selection, training, supervising, and monitoring of referees, recommendation of referee’s fees, to be approved by the Board of Directors, and establish Rules of Conduct for the referees; to provide reports to the Executive of any incidents involving referees including excessive missing of games, complaints by convenors etc., and carry out all disciplinary actions of referees without assistance subject only to an appeal by the referee aggrieved to the Board of Directors as a whole.

(i) Divisional Convenors: whose responsibilities include being involved in the nomination of coaches for the teams in their division and to ensure that the provisions of this Constitution and the Rules, Regulations, bylaws and Policies are adhered to by all teams, coaching staff and players. It is expected that the Convenor or his designate shall attend all games in his division. Except for game matters, which are within the purview of the referee, the Convenor shall, in general, have control over all games in his division. Should the Convenor have to take any disciplinary action beyond a warning he shall provide to the Head Convenor a written report as to the circumstances surrounding the game and his actions.

(j) Timekeeper Manager: whose responsibility is to select, train, schedule and arrange for payment of timekeepers. The Board of Directors shall set the rate of remuneration of the timekeepers. It is in the complete discretion of the Timekeeper Manager as to the selection and scheduling of timekeepers.

63) The Executive may remove any person that they have appointed.

APPEALS

64) Any and all decisions made by the Executive or their Appointees may be appealed to the Board of Directors by lodging with the President a formal written appeal with 48 hours of the decision. The President may then select members of the Board of Directors who shall act on the appeal. The Panel of the Board of Directors shall give to the appellant an opportunity to be heard as well as consider any and all other evidence. The panel of the Board of Directors has the authority to confirm the original decision or may substitute their decision instead.

RULES, REGULATIONS AND BYLAWS

65) The Board of Directors may pass such rules, regulations and bylaws as they consider appropriate and necessary for the proper function and in the best interests of the TCHL provided at all times that no rules, regulations or bylaws may be passed which are inconsistent with this Constitution. Any rules, regulations, bylaws or policies may be amended from time to time by majority decision of the Board of Directors.

66) The Board of Directors shall pass at least two sets of rules and regulations as follows:

i) House league Rules, Regulations and Policies:

(a) Hockey rules.

(b) Fair ice time rules.

(d) Specific rules for mites and any other divisions, which the Board considers, appropriate.

ii) Select Rules, Regulations and Policies:

(a) Any other rules which the Board of Directors consider necessary for the proper operation of the select program.

67) There shall be established by the Board of Directors a Disciplinary Committee chaired by the President.

68) The Disciplinary Committee shall hear all disciplinary matters relating to any breach of the rules, regulations, bylaws or policies of the TCHL.

69) Any person aggrieved and/or disciplined may appeal to the Disciplinary Committee to review the discipline. The Disciplinary Committee shall also carry out any and all disciplinary action for breach of the rules, regulations and policies of the TCHL. Any person who wishes to appeal or lodge a complaint with the Disciplinary Committee shall file a written notice to the President within 48 hours of the incident, which is the subject of the complaint. All one game suspensions are final and cannot be appealed.

70) The Disciplinary Committee shall advise the disciplined party before it of the time and place of the hearing. The Disciplinary Committee shall give the person full opportunity to state his case and to call any relevant evidence. The Disciplinary Committee may consider any other evidence which it deems relevant to the issues. Upon completion of the hearing and the Disciplinary Committee’s investigation, the Disciplinary Committee shall pronounce its decision. There shall be no right of appeal of this decision.

AMENDMENTS TO THE CONSTITUTION

71) This Constitution can only be amended by a majority decision of the Members at an Annual Meeting or a Special Meeting. Any proposed amendments to the Constitution must be submitted to the Board of Directors 3 weeks prior to a special meeting, or before March 31 prior to the annual meeting.

TCHL CREST

72) The official TCHL crest shall be the crest a copy of which is attached as schedule “A”. The select program shall use the same crest except that the words “Rebels” may be shown on the crest. All properties listed and shown in schedule “A” are the sole property of the TCHL and cannot be used without the express written permission of the President and/or The Board of Directors of the Thornhill Community Hockey League.

73) No one shall use the official TCHL crest or represent themselves as being affiliated or sanctioned by the TCHL for commercial purposes without the express written permission of the Board of Directors, which permission expires at the end of the hockey season in which the permission is given.

74) No person shall promote any products as being official TCHL products or which bear the TCHL name without the express written permission of the Board of Directors which permission expires at the end of the hockey season in which the permission is given.

75) In considering whether to grant permission to use the official TCHL crest or sell official TCHL products, the Board of Directors shall only do so where they consider that it would be in the best interests of the TCHL to grant such permission.