Nova Scotia College of Medical Laboratory Technologists

NSCMLT Bylaws

A printed copy of the current bylaws can be accessed by clicking on the link below.

Definitions

1. In these By Laws:

(a) “Act” means the Medical Laboratory Technology Act;

(b) “Board” means the Board of the College;

of the Board appointed in accordance with the Act;

(d) “Member” means a member of the College as defined in

the Act;

(e) “Register” has the same meaning as defined in the Act;

(f) “Registrar” has the same meaning as defined in the Act.

(g) “Regulations” means the regulations made pursuant to

the Act;

(h) “Temporary Member” means a person granted temporary

registration by the College in accordance with the

Regulations.

Annual and Special General Meetings of Members

2. The Annual General Meeting of the Members shall be held at such time and place as is determined by the Executive Committee.

3. The Secretary of the Board shall give notice of the time and place of the Annual

General Meeting to the Members at least 30 days before the meeting

4. The quorum for all meetings of the Members shall be 3% of the Members present. No business shall be transacted at any meeting of Members unless the required quorum of Members is present in person at the commencement of the business.

5. The Chair of the Board shall be entitled to take the Chair at every meeting of Members, or if at any meeting the Chair shall not be present, the Vice-Chair shall preside, or if neither of them are present, the Members present at the meeting shall choose another member of the Board as Chair and if no member of the Board is present or if all members of the Board present decline to take the Chair, then the Members present shall choose one of their number to be Chair of the meeting.

6. Unless these By Laws provide otherwise, at every meeting of the Members each question shall be decided by a simple majority of the votes cast. In the case of an equality of votes the Chair of the meeting, who ordinarily shall have no vote, shall cast the deciding vote.

7. (1) Subject to subsection 7(2), voting at any meeting of the Members shall be by a show of hands unless any Member requests (before or on the declaration of the result of a show of hands) that the vote be by ballot and, unless a ballot is so requested, a declaration by the Chair that a resolution has been carried, or carried by a particular majority, or lost, or not carried by a particular majority, an entry to that effect in the book of proceedings of the College, shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour or against such resolution. If a ballot is requested as aforesaid, it shall be taken in such manner, at such time and place as the Chair of the Meeting directs, and either at once, or after an interval or adjournment or otherwise, and the result of the ballot shall be deemed to be the resolution of the meeting at which the ballot was requested. The request of a ballot may be withdrawn. In case of any dispute as to the admission or rejection of a vote, the Chair shall determine the same, and such determination made in good faith, shall be final and conclusive.

(2) Voting in respect of the election of members of the Board shall be by secret ballot.

8. Each Member (other than a Temporary Member) in attendance at a meeting of Members is entitled to one vote. Members shall not be entitled to vote by proxy.

9. The Chair of a meeting of Members may, with the consent of the meeting, adjourn the same from time to time, and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

10. Any ballot demanded on the election of a chair of a meeting or any question of adjournment shall be taken at the meeting, and without adjournment.

11. The request of a ballot shall not prevent the continuance of a meeting for the transaction of any business other than the question on which a ballot has been requested.

12. A Special Meeting may be called to consider specific or urgent business which cannot be delayed until the next Annual General Meeting. Such Special Meeting may be called at any time (1) by the Chair with the approval of the Board, or (2) upon written request, signed by at least 10% of the Members (other than Temporary Members).

13. Notice of a Special Meeting of the Members shall be sent to the Members at least 15 days prior to the meeting. The date, time and place for the Special Meeting shall be at the discretion of the Board.

Election of Board

14. Subject to the Act, at every Annual General Meeting, all members of the Board whose term is expiring shall retire from office, but shall hold office until the dissolution of the meeting at which their successors are elected.

15. The Board may appoint such person or persons to act as presiding officers for the election.

16. Nomination forms, ballots and other such forms as may be required to conduct elections shall be those approved by the Board from time to time.

17. A separate vote by secret ballot shall be conducted for each vacancy on the Board.

18. The presiding officer(s) appointed by the Board shall designate two Members present at the election to act as scrutineers and to count the ballots.

Vacancy

19. The Board shall notify the Governor in Council of any vacancy on the Board relating to any position appointed by Governor in Council pursuant to the Act.

20. Elections of members of the Board may be held at the Annual General Meeting or at such other times as is necessary to fill vacancies.

Responsibilities of the Board

21. The Board shall, subject to the Act, govern, control and administer the affairs of the College.

Officers of the Board

22. The officers of the College shall be a Chair, a Vice-chair, a Secretary and a Treasurer. Officers shall be elected annually by the Board from among its members.

23. The Chair of the Board shall:

(a) preside at all meetings of the Board and the Members;

(b) report to each Annual Meeting of the College concerning the operations of the College and report to the Board at each meeting of the Board;

(d) perform such other duties as may from time to time be determined by the Board.

24. The Vice-Chair shall assist the Chair and shall have all the powers and perform all the duties of the Chair in the absence or disability of the Chair, together with such other duties as may from time to time be assigned by the Board.

25. The Secretary shall:

(a) ensure that minutes and attendance are taken at all the meetings of the Members, Board and Committees of the Board;

(b) ensure that all correspondence to or from the Board is attended to in accordance with the Board's directions;

(d) give each notice as required in these By Laws of meetings of the Board and meetings of Members; and

(e) perform such other duties as ordinarily pertain to the office and as the Board may direct.

26. The Treasurer shall:

(a) ensure that all fees related to registrations and all fines are collected;

(b) oversee the management of the accounts of the College;

(d) ensure that an annual budget is prepared and presented to the College;

(e) ensure that periodic financial statements are prepared and presented to the Board or the Executive Committee;

(f) ensure that annual audited financial statements of the College are prepared and presented to the Board; and

(g) perform such other duties as ordinarily pertain to the office and as the Board may direct.

Procedure for Board Meetings

27. Regular meetings of the Board shall be held at least three (3) times in each calendar year at a time and place to be determined by the Chair.

28. Notice and the agenda for any regular meeting of the Board shall be given to each member of the Board in writing not less than five (5) business days prior to the meeting.

29. Emergency meetings of the Board may be called by the Chair by giving notice by telephone to all members of the Board at least 24 hours in advance of the meeting.

30. No business shall be transacted at any emergency meeting of the Board other than that referred to in notice of the meeting.

31. Unless otherwise provided for in these By Laws, fifty percent (50%) of the members of the Board shall constitute a quorum for any meeting of the Board.

32. No meeting of the Board shall be valid where notice was not given in accordance with these By Laws unless all persons entitled to receive such notice unanimously waive entitlement to such notice.

33. A member of the Board may participate in a meeting of the Board by means of such telephone or other communication facilities as permit all persons participating in the meeting to hear each other, and a member of the Board participating in such a meeting by such means is deemed to be present at that meeting.

34. Minutes shall be kept of all formally constituted meetings of the Board in accordance with the practice of the Board, recognizing that minutes shall not be required of informal discussions of members of the Board. Minutes shall be circulated among all persons entitled to attend such meetings within a reasonable time following the conclusion of such meetings.

35. Questions arising at any meeting of the Board shall be decided by a majority of votes of those persons in attendance entitled to vote unless otherwise provided for in these By Laws. In the case of an equality of votes the Chair of the meeting, who ordinarily shall have no vote, shall cast the deciding vote.

36. The Chair of the Board shall preside at all meetings of the Board. If at any meeting of the Board the Chair is not present, the Vice-Chair shall preside, and if neither the Chair nor the Vice-Chair is present, the members of the Board present shall choose some one of their number to be Chair of such meeting.

37. Except as provided in the Act, or where a majority of the members of the Board present at a meeting otherwise agree, all votes at any meeting of the Board shall be taken by a show of hands.

38. A resolution in writing and signed by every member of the Board who would be entitled to vote on the resolution at a meeting is as valid as if it were passed by the Board at a meeting.

Executive Committee

39. There shall be an Executive Committee appointed in accordance with the Act consisting of the Chair, the Vice-Chair, the Secretary and the Treasurer of the College.

40. The Executive Committee shall:

(a) be chaired by the Chair of the Board;

(b) subject to the Act, perform those duties and functions described in the terms of reference for the Executive Committee as established by the Board from time to time;

(d) meet as required.

Nominations Committee

41. (1) The Nominations Committee of the College shall be a standing committee of the Board consisting of all members of the Board other than members of the Board appointed by the Province pursuant to Section 8(1)(b) of the Act.

(2) Nominations for election to the Board must be supported by the written consent of the nominee and must be filed with the Nominations Committee at least 60 days prior to the Annual General Meeting.

(3) The Nominations Committee may receive nominations from the floor at the Annual General Meeting of the College. Any such nomination shall be accepted only with the prior written consent of the nominee.

(4) When more than one nomination is received for a position by the deadline, the Chair of the Nominations Committee shall prepare a slate of nominations and shall submit it to the Members at least 30 days prior to the Annual General Meeting.

Committees

42. The Board may at any time establish such other standing or special Committees of the Board, appoint the members of such Committees and name the Chair and Vice-Chair of such committees.

43. Any Member (other than a Temporary Member) shall be eligible to serve as a member of any standing or special Committee established by the Board (other than the Executive Committee).

44. Except as otherwise provided by resolution of the Board, members of standing or special Committees shall serve for a renewable term as determined in the terms of reference for that Committee.

45. (1) The Board shall approve terms of reference for any standing or special Committee it appoints.

(2) The meetings and proceedings of any Committee of the Board shall be governed by the provisions contained in these by-laws for regulating the meetings and proceedings of the Board so far as the same are applicable thereto and are not superceded by any regulation made by the Board under the immediately preceding clause.

46. A committee shall meet at the call of the Chair of that Committee or at the direction of the Chair of the Board.

47. All acts done at any meeting of the Board or Committee of the Board or by any person acting as a member of the Board shall, notwithstanding that it shall afterwards be discovered that there was some defect in the appointment of such member of the Board or person acting as aforesaid, or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a member of the Board.

48. The Board may, by resolution, dissolve any standing or special Committee at any time.

Expenses

49. Members of the Board and Committees of the Board shall be reimbursed those reasonable expenses incurred in the performance of their duties in accordance with the policies of the Board.

Registrar

50. The Registrar shall be responsible to the Board for the planning and implementation of all aspects of the management and operation of the College and shall be the officer responsible for carrying out such policies and directives as may from time to time be established by the Board.

51. The Registrar shall have and may exercise such power and authority as is conferred upon that position by the Act and regulations made pursuant to the Act, by these By Laws and by any rules, directives or resolutions of the Board.

52. Without limiting the generality of Section 51, the Registrar shall:

(a) unless excused by the Board, attend all meetings of the Board;

(b) unless these By Laws or a resolution of the Board provide otherwise, be an ex-officio member, without a vote, of all Committees of the Board;

(d) maintain the Registers of the College; and

(e) perform such other duties as directed from time to time by the Board.

Seal of the College

53. There shall be a seal of the College which shall be maintained by the Secretary of the Board or the Registrar.

Registers

54. In addition to the requirements of Section 23 of the Act, each Register maintained by the College shall include the practicing status of the medical laboratory technologist, the type of license he or she has been granted, the effective dates of such registration and the existence of any conditions or restrictions on his or her ability to practice.

Code of Professional Conduct

55. The Code of Professional Conduct applicable to all Members shall be as follows unless otherwise approved by the Board and the Members at an Annual General Meeting:

· Medical laboratory technologists are dedicated to serving the health-care needs of the public. The welfare of the patient and respect for the dignity of the individual shall be paramount at all times

· Medical laboratory technologists work with other health care professionals, to provide effective patient care.

· Medical laboratory technologists shall promote the image and status of their profession by maintaining high standards in their professional practice and through active support of their professional bodies.

· Medical laboratory technologists shall protect the confidentiality of all patient information.

· Medical laboratory technologists shall take responsibility for their professional acts.

· Medical laboratory technologists shall practice within the scope of their professional competence.

· Medical laboratory technologists shall endeavor to maintain and improve their skills and knowledge and keep current with scientific advances.

· Medical laboratory technologists shall share their knowledge with colleagues and promote learning.

· Medical laboratory technologists shall be aware of the laws and regulations governing medical laboratory technology and shall apply them in the practice of their profession.

· Medical laboratory technologists shall practice safe work procedures at all times to ensure the safety of patients and co-workers and the protection of the environment.

Amendments

56. Regulations pursuant to subsection 22(1) of the Act may be made, revoked or amended with the approval of a two-thirds majority of the members of the Board present at a special meeting of the Board called for the purpose of considering any amendment.

57. Proposed Regulations or amendments to Regulations pursuant to subsection 22(2) of the Act shall be tabled for discussion at an Annual General or Special Meeting of the College. Any such proposed regulations or amendments shall not be submitted to the Governor in Council for approval unless the proposed regulation or amendment has been approved by a two-thirds majority of the Board.

58. Each member of the Board shall be given 15 days notice, in writing, of any meeting called for the purpose of considering any amendment to the Regulations.

59. Any member of the College may make a proposal to the Board that a regulation be made, revoked or amended, however, no regulation made pursuant to subsection 22(2) of the Act may be tabled for discussion at an Annual General Meeting of the College without the prior consent of the Executive Committee.

Head Office and Fiscal Year

60. (1) The head office of the College shall be in the Halifax Regional Municipality at such place as may be determined by the Board from time to time. All notifications, notices, correspondence and any other directions shall be made to the College or the Board at the head office.

(2) Until changed by the Board, the fiscal year of the College shall be the period from January 1^st to December 31^st of the same year.

Execution of Documents

61. Deeds, transfers, assignments, contracts, obligations, certificates and other instruments may be signed on behalf of the College by any two of the Chair, Vice-Chair, Secretary or Treasurer of the College. In addition, the Board may from time to time direct the manner in which and the person or persons by whom any particular instrument or class of instruments may or shall be signed. Any signing officer may affix the corporate seal to any instrument requiring the same.

Banking Arrangements

62. The banking business of the College shall be transacted with such banks, trust companies or other bodies corporate or organizations as may from time to time be designated by or under the authority of the Board. Such banking business or any part thereof shall be transacted under such agreements, instructions and delegations of powers as the Board may from time to time prescribe.

Borrowing Power

63. Without limiting the borrowing powers of the College as set forth in the Act, the Board may from time to time on behalf of the College without authorization of the Members:

(a) borrow money upon the credit of the College for the purpose of the College;

(b) secure the repayment of moneys so borrowed in such manner and upon such terms and conditions as they think fit, and in particular, by the execution and delivery of mortgages of the College's real or personal property, or by the issue of bonds, debentures or other evidences of indebtedness of the College secured by mortgage or otherwise or charged upon all or any part of the property of the College;

(c) sign or endorse bills, notes, acceptances, cheques, contracts and other evidence of or securities for money borrowed or to be borrowed for the purposes aforesaid;

(d) pledge debentures as security for loans.

Forms

64. The form annexed hereto as Schedule A is hereby prescribed as the initial registration form to be completed by an applicant for initial registration and licensing pursuant to the Act.

65. The form annexed hereto as Schedule B is hereby prescribed as the annual renewal form to be completed by a Member applying to renew their registration and license pursuant to the Act.

Fees

66. The initial registration fees, registration fees and re-registration fees set forth in Schedule C are hereby prescribed as the fees payable to the College.

Qualifying Examinations

67. The examinations set forth in Schedule D are hereby prescribed as the qualifying examinations for purposes of registration and licensing of Members.