Newfoundland Pony Society Constitution
As of December 16th 2012
1. Name of the Corporation
1.1 The name of the Corporation shall be the "Newfoundland
Pony Society" and will thereafter be referred to as the Society.
2.1 To protect and preserve the Newfoundland Pony.
2.2 To identify, select and care for breeding stock.
2.3 To provide assistance, as possible, to sanctuaries and recognized
groups which help preserve the Newfoundland Pony.
2.4 To inspect and appraise colts.
2.5 To maintain a registry and encourage registration of qualified
stock and foals.
2.6 To supply advisory assistance to breeders and owners.
2.7 To promote interest in the pony and emphasize its value.
2.8 To help, as possible, find adoptive and/or foster homes for
displaced or otherwise needy ponies.
2.9 To propose standards which conform to the pony in its established
form and not change these standards to conform with other ideals
which do not relate to the established pony.
2.10 To serve as the society designated by the Newfoundland Pony
Designation Order, 2012 (Newfoundland and Labrador Regulation 39/12)
under the Animal Health and Protection Act SNL2010 Chapter A-9.1
and to fulfill the objects and duties set forth in Sections 51 and
52 of the said Act.
2.11 To support through co-operation, breeders and owners in their
unified effort to seek incorporation under the Animal Pedigree Act
of Canada for the purpose of attaining breed status (purebred) for
the Newfoundland Pony.
2.12 To affiliate, when suitable, with other organizations that
have similar or complementary objectives.
2.13 To promote membership in the Society and the Society itself.
2.14 To publish newsletters, circulars and other promotional or
informational materials that furthers the objectives of the Society.
2.15 To otherwise promote the interests of the Society and the
Newfoundland Pony in ways agreeable to the membership.
PROVIDED THAT THE CORPORATION
A) Shall not undertake any activities that would result in the revocation
of the registration as a charity or as a public foundation for purposes
of the Income Tax Act (Canada).
B) Shall not permit its directors, trustees, officers or employees
to be comprised so that a majority of the same are related or do
not deal at arms length.
C) Shall not make non-qualified investment as defined by Section
149 of the Income Tax Act (Canada).
BY-LAWS OF THE NEWFOUNDLAND PONY SOCIETY
1.1 a. Any person or corporation is eligible for membership in
the Society subject to the approval of the Society's Executive Council.
Upon applying, the person or corporation will be assessed a membership
fee as established under subsection (b);
1.1 b. the yearly (January 1 - December 31) membership fees shall
be determined or amended at any General Meeting of the Society and
will be published in the Society's newsletter.
1.2 Membership may be in one of the following forms:
1.2 a. "Full member" being an adult resident of Canada
who has paid the appropriate membership fee. Full members only shall
have the right to vote and hold office. All references to "members"
in this Constitution shall refer to "full members" only
unless otherwise stated. At the discretion of the Executive Council
or vote of the Society, a non-resident of Canada may be granted
full membership rights;
The "Full member" membership includes the following types:
"Single Adult" - person over the age of 18 years.
"Family" - reduced fee offering for two adults living
in the same household. Each adult has the right to vote and hold
1.2 b. "Supporting member" being any person or group
who wishes to join the Society for the purposes of supporting its
activities and receiving its newsletters but does not wish to be
involved in the actual workings of the Society. A supporting member
does not have voting privileges and cannot hold office;
The "Supporting member" membership includes the following
"Single Adult" - person over the age of 18 years.
"Family/Group" - reduced fee offering for a family living
in the same household or recognized groups such as a Girl Guide
troop, school group, 4H club, etc.
1.2 c. "Honorary member" being someone who is acknowledged
by the Executive of the Society and/or the membership as having
contributed significantly towards the objectives of the Society
and for which work special recognition is worthy. Such designation
may be either for a single year or any length of time established
by the Council or membership. There is no membership fee for an
Honorary Member, an Honorary Member does not have voting privileges
and cannot hold office unless so designated by the Council or the
1.3 Membership, and those rights and privileges inherent in membership,
are not transferable in any form.
1.4 The Council of the Society may suspend and/or remove or refuse
membership to anyone for failing to observe the Constitution of
the Society or for other conduct that is considered by the Council
to be derogatory to the character, or prejudiced to the interests
of the Society. Such a decision to terminate or refuse membership
shall be done by a resolution passed by at least a two-thirds majority
of the Council. Such a resolution shall be sent at least fourteen
days in advance to the member in question who shall be thereby entitled
to respond to the concerns expressed in the resolution.
2.1 The generalized list of standards that conform to the breed
shall be met before a pony can be listed as a Newfoundland Pony.
These Standards are as follows:
- Demonstrates and/or documents ancestry to the Newfoundland
Pony, acceptable to the Society;
- Has a good temperament, is docile and easy to work with;
- Is a good winter animal, being all around hardy;
- Is sure-footed;
- Has a structure that can vary from fine-boned types to larger
- Has a height that can vary from 11.0 to 14.2 hands;
- Has a coat colour of bay, black, brown, chestnut, dun, grey,
roan and white. Piebald and skewbald (pintos) are not acceptable;
- Has a heavy coat which sometimes changes colour and character
- Has a thick mane and tail;
- Has a low set of tail;
- Has feathered fetlocks with hair extending below fetlock points;
- Has flint hard hooves;
- Typically, has dark limb points. White or light colour on limbs
- Is free of defects which might endanger the ability to live
a normal, healthy life.
2.2 These standards may vary in the event that a more detailed
survey of the breed carried out at a later date shows evidence of
2.3 All ponies listed should meet conformation requirements as
set down or as added or amended at a later date. Foundation stock
(i.e. entered in the Open Stud Book) must demonstrate and/or document
ancestry to the Newfoundland Pony, acceptable to the Society.
2.4 The stud book will be open for a number of years for initial
listings of stock meeting the Society's requirements.
2.5 The progeny of the above foundation stock shall be registerable,
but colts shall be subject to inspection by the Society before their
third year to ensure they meet the requirements.
2.6 All colts over 2 years of age to be listed in the Open Stud
Book for breeding must be inspected by the Society to ensure they
meet the requirements.
2.7 After closure of the Stud Book, the registration of progeny
of registered stock shall require a statement from the breeder that
the animal is free of any evident defect.
2.8 After closure of the Stud Book to all animals except progeny
of registered stock, any unregistered animal, before being granted
registration, shall be inspected for conformation and other characteristics
and be certified free of serious congenital defect. This inspection
shall be undertaken by two (2) members appointed by the Council
and a veterinarian licensed by the Newfoundland and Labrador Veterinary
2.9 After closure of the Stud Book, colts which are progeny of
registered stock and stock to be registered for breeding purposes,
shall be examined between the ages of two (2) and three (3) years
and be certified free of known hereditary defects by a veterinarian
licensed by the Newfoundland and Labrador Veterinary Licensing Board.
2.10 Any animal found with congenital or hereditary defects may
have its registration revoked or refused.
2.11 The Society may establish a Veterinary Committee to advise
on matters relating to the general health and welfare of registered
2.12 Standard for classes to be shown at shows is to be decided
by the Council.
2.13 The Registrar is to be notified of any transfer of ownership
within 60 days of the change. The notification and the payment of
the associated Transfer Fee are the responsibility of the seller
or, in the case of a gift, the person giving the pony.
2.14 Registration fees and their categories shall be determined
by the Council and are subject to change at the discretion of the
3. Executive Officers and Executive Council
3.1 The Society may have from a minimum of 5 to a maximum of 10
Executive Officers (hereinafter referred to as Officers): a President,
Vice President, Past President, Secretary, Membership Secretary,
Treasurer, Registrar, and three Members at Large.
3.2 An Executive Committee (hereinafter referred to as the Committee)
shall be made up of the Officers.
3.3 The annual term of office for Council members shall coincide
with the fiscal and membership year (i.e. begin Jan. 1 and end on
3.4 For greater certainty and to avoid possible confusion it is
acknowledged that the terms “director(s)”, “executive
council”, “executive councilor(s)”, “council”
and “executive” are used interchangeably in this Constitution
and shall all be deemed to have the same meaning.
4. Election of Officers
4.1 Election of the Executive Council shall be conducted by way
of regular or electronic mail in secret ballot by an Election Chair
to be appointed by the Executive Council. Voting by proxy is not
4.2 Following the transition set out in Article 4.4 below, the
term of office for all Executive Council positions is 2 years
4.3 All members of the Executive Council are eligible for re-election.
4.4 Transition to the 2 year terms for Executive Council shall
be achieved as follows: those already elected for 2 year terms starting
in 2013 shall serve their full terms. In 2013 election for all other
Executive Council positions shall take place and be for a period
of 1 year commencing in 2014. Elections held in the year 2014 shall
elect Executive Council members for 2 years commencing January 1,
4.5 Elections shall be conducted in accordance with the following
(a) Only full members in good standing as of August 31st of the
election year shall be entitled to nominate or second a candidate,
stand for office, or cast a ballot in the election of officers.
(b) Call for Nominations for election to the Executive Council
shall be sent by electronic mail to the e-mail address, or if no
electronic mail address has been provided, to the postal address,
which has been provided by eligible members to the Newfoundland
Pony Society Membership Secretary, on or before October 15th in
an election year.
(c) A nomination for office must be forwarded by electronic or
postal mail, requires a seconder who is an eligible member, and
must be must accepted by the nominee. All nominations, seconding’s
and acceptance of nominations must be received by the Election Chair
on or before the 31st of October in an election year. This may be
done by postal mail or separately by postal mail or electronic mail
from the e-mail address of the mover, seconder or nominee that is
on file with the Newfoundland Pony Society Membership Secretary.
(d) In the event only one nomination for a Council position is
received the nominee will be acclaimed and there will be no election
for that position. An announcement of any positions won by acclamation
will be made along with the results of the voting, if any.
(e) In the event of an election for any position, voting instructions
shall be sent by postal mail or e-mail to eligible voters on or
before the 3rd day of November and must be returned to the address
instructed and received on or before the 15th day of November in
the election year.
(f) The candidate receiving a plurality of the votes cast for a
position shall be declared elected provided that the number of eligible
ballots cast is equal to 1/5 the number of voting members or 25
voting members, whichever is the lesser. In the case of Council
Member at large positions the candidate(s) with the most votes shall
(g) No more than two members of the same immediate family (spouse
or child of member) shall serve on the Council. Should two or more
such members be elected the existing elected council shall ask them
to decide who shall serve and the result shall prevail and the new
council shall appoint a replacement for any vacancy created. In
the event that no agreement is reach between immediate family members
the existing council shall decide which family member shall serve
and the remaining position(s) deemed vacant
(h) Election results shall be announced by e-mail, or by postal
mail to those who have not provided an e-mail address and will be
posted on the Newfoundland Pony Society’s internet web page
following the counting of ballots by the Election Chair.
4.6 In the event that a position on the executive council shall
become vacant for any reason during the incumbent’s term of
office the position may be filled by the Executive Council for the
remainder of the term of the incumbent.
5. Duties of Officers
5.1 The President will normally chair all meetings of the Society,
is an ex-officio member of all Society Committees and is one of
the signing authorities of the Society (see Clause 8.1).
5.2 In the absence of the President the Vice President will assume
those responsibilities identified in Clause 5.1 and is a signing
authority of the Society (see Clause 8.1).
5.3 In the absence of the President and the Vice-President, the
Past President will assume those responsibilities outlined in 5.1.
5.4 The Secretary shall:
- attend and take minutes at all meetings and, if present, will
take minutes at Committee meetings;
- conduct and preserve all correspondence generated and received
by the Society;
- maintain custody of all minute books, papers, statements and
other records of the Society;
- Dispatch to Full members in good standing a voting package
for the Election of Officers on September fifteenth (15th) in
any year of an election.
5.5 The Membership Secretary shall maintain membership/donor lists
5.6 The Treasurer shall:
- be responsible for the financial books, all monies and petty
cash expenditures, and shall deposit any form of cash received
into the society's banking account;
- be one of the signing authorities for the Society's bank account
(see Clause 8.1)
5.7 The Registrar shall be responsible for maintaining the Registry
of Newfoundland Ponies.
5.8 The Newsletter Editor shall be responsible for the publication
of the Society's newsletter.
5.9 At least one Executive Officer shall be a member of each committee
of the Society.
5.10 Officers may be assigned other duties from time to time as
agreed upon by the Council or at a meeting of members.
5.11 All minute books of the Society and Council are open to inspection
by members providing reasonable notice of interest has been given.
6. Meeting of the Society
6.1 The Council shall convene an Annual General Meeting every year
at a time and place in Newfoundland and Labrador as decided by the
Council for the purpose of:
1. Welcoming new members;
2. Announcing results of the Election of Officers;
3. Presenting a financial statement;
4. Accounting for the activities of the Council;
5. Amending the Constitution;
6. Presenting the work of committees;
7. Providing an opportunity to meet owners/breeders of Newfoundland
Ponies and other members of the Society;
8. Discussing issues of concern to members;
9. Providing direction to Council for the upcoming year.
6.2 Notice of the time, place and date of Annual General Meetings
is to be circulated at least 30 days prior to the date of the meeting;
any resolutions, Constitutional amendments, financial statements
or other information relevant to the meeting shall be circulated
at the time of notification.
6.3 A quorum for the purpose of amending the Constitution or passing
resolutions shall be 1/5 the number of voting members or 25 voting
members, whichever is the lesser number.
6.4 General or Special meetings may be called by the Council or
at the request of any five members with 15 days notice given to
members. All activities held at Annual General Meetings with the
exception of announcing results of the Election of Officers may
be carried out at General or Special Meetings, with the same quorum
provisions applying as in Clause 6.3
6.5 Executive meetings may be held in person or by phone conference
as deemed necessary by the Council. A quorum for an Executive meeting
shall be a majority of Council members.
6.6 Voting at General or Annual General Meetings will be carried
out by a show of hands, or by
secret ballot if 2/3’s of those voting members present so
decide. Voting by proxy can be arranged if
a signed and completed official proxy form, titled NPS Proxy Form
- Voting Ballot for Resolutions
and Constitution Amendments, is received by post, email (scanned
due to signature requirement)
or fax by Council 24 hours prior to the meeting, or is delivered
to Council at the meeting.
7.1 The Society and/or Council shall establish those committees
deemed appropriate for the advancement of the objectives of the
Society. All committees are answerable to the Society through the
7.2 Membership in committees, other than as defined in Clauses
5.1 and 5.9 is at the discretion of the Society.
7.3 Council may delegate those of the activities that it sees appropriate
to a committee.
8.1 The Society shall maintain a bank account with two signatures
required for all cheques, these being the Treasurer and either the
President or Vice President (unless otherwise designated by Council.)
8.2 Any income or property of the Society shall be applied solely
towards promotion of the objects of the Society, no part or portion
shall be paid or conveyed in any way, by dividend, bonus or otherwise
as profit to any member of the Society. However, payment can be
made in good faith to any member of the Society for actual services
rendered or for any prize or premium to any exhibitor at a show
who may be a member of the Society.
8.3 True recorded accounts of the sums of money received and expended
shall be maintained by the Society. Such records of receipts and
expenditures, property, credits and liabilities of the Society shall
be open to inspection by any member subject to reasonable time or
other restrictions placed by the Society.
8.4 The corporation's financial statements shall be compiled by
a public accountant annually and shall be presented to members at
an annual meeting.
8.5 The funds of the Society shall be applied as follows:
- In payment of the current expenses and other distributions
of the Council in the conduct of the business of the Society or
in relation thereto;
- 2. In defraying all expenses of or associated with the printing,
publication, sale and distribution of the Society's publications.
8.6 Finances shall be derived from membership, registration and
any other sources decided upon by Council.
8.7 In the event that the Society should close up or dissolve,
after all of its debts and liabilities have been satisfied, any
remaining assets shall not be paid or distributed among members
of the Society, rather it shall be transferred or given to another
institution with objects similar to those of the Society at the
determination of the members of the Society or by an arbiter appointed
by the Sheriff where the office of the Society is situated.
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