Nova Scotia Registered Music Teachers Association

Charter & By-laws

Nova Scotia

For the reference of our members or other interested parties, we include here the following documents, also available in their official, printer-friendly format [PDF]:

INCORPORATION CHARTER

BY-LAWS

REGULATIONS:

1. NOMINATING COMMITTEE GUIDELINES
2. ELECTION OF CFMTA MEMBERS
3. LOCAL CHAPTERS


Incorporation Charter

Chapter 71 Acts of 1941 as revised 2007
An act respecting the
“Nova Scotia Registered Music Teachers’ Association”


BE IT ENACTED by the Governor and Assembly as follows:

1.     This Act may be cited as “The Nova Scotia Registered Music Teachers’ Association Act”.

2.    In this Act, unless the context otherwise requires, “Association” means the body corporate referred to in Section 4; and “Council” means the Council of the Association.

3.    The head office of the Association shall be in the City of Halifax.

4.    Alexander F. MacKinnon of Sydney, N.S.; Ifan Williams of Halifax, N.S.; Dorothy Dean of Sydney, N.S.; George Scott-Hunter of Halifax, N.S.; Natalie Littler of Halifax, N.S.; Harry Dean of Halifax, N.S.; Edwin Alex Collins of WolfVille, N.S.; Pearl Oxner of Lunenburg, N.S.; Clifford L. Gates of Truro, N.S.; and Douglas Baker of Truro, N.S.; and such other persons as may become members of the Association, in accordance with the by-laws of the Association, are hereby constituted a body corporate under the name of “The Nova Scotia Music Teachers’ Association”.

5.    Notwithstanding Section 4, on and after January 1, 1948, the body corporate referred to in that Section shall be known as the Nova Scotia Registered Teachers’ Association.

6.   The objects of the Association are:

a)    to encourage definite preparation for the art of teaching;

b)    to promote progressive ideas in the teaching of Music;

c)    to encourage the establishment of Music Credits in connection with high school courses and to acknowledge music as an essential component of child and adult education;

d)    to register all music teachers according to recognized musical and academic standards;

e)    to encourage definite ethical standards of professional conduct among teachers;

f)     to stimulate by means of social activities a spirit of comradeship among members of the profession;

g)    to work for improvement of the professional status of music teachers in the community;

h)    to encourage and foster the formation of new local chapters within the Association.

7.    The Association in addition to all other powers invested in corporations is hereby authorized and empowered:

a)    to hold, alienate, exchange, lease, mortgage, or otherwise dispose of real and personal property for the purpose of the Association;

b)    to assess its members for any ordinary, special, or extraordinary expenditures that may be deemed necessary or expedient to further any of the objects of the Association, and such assessment may be in the manner provided by the by-laws of the Association;

c)    to do all such other matters and things as may be necessary for or incidental or conducive to the exercise of any of the hereinbefore enumerated powers.

8.    There shall be a Council of the Association, herein called “The Council”, with that number of members as prescribed by the by-laws of the Association, who shall be elected from among the members of the Association at the Annual General Meeting of the Association.

9.    Subject to this Act, the general management of the business and affairs of the Association is vested in the Council and the Council may exercise the powers of the Association.

10.  If any vacancy occurs in the Council, whether the same occurs before or after the first general meeting of the Association is held, it may be filled by a majority vote of the remaining members of the Council present at any meeting of the Council.

11.   All officers of the Association shall be elected from the members of the Council, except the Secretary, Treasurer (or Secretary–Treasurer), and Registrar who may be elected from members of the Association who are not members of the Council.

12.  The Council may make by-laws and regulations not contrary to law or to the provisions of this Act for all purposes relating to the affairs, business, and property of the Association, its management, government, aims, objects, and interests, including, but not to restrict the generality of the foregoing by-laws and regulations respecting:

a)    the holding and calling of meetings of the Council and of the Association and the procedure to be followed thereat;

b)    the fixing of a quorum for general meetings of the Association and for meetings of the Council;

c)    the granting of certificates of competency or diplomas to the members of the Association;

d)    the qualifications that a person must have to become a member of the Association;

e)    classes of members, the rights and obligations of the members of each class, and the qualifications a person must have in order to be admitted to each class;

f)     the discipline or suspension or expulsion of any members from membership in the Association;

g)    the examination of applicants for registration;

h)    the establishment and maintenance of a register of members;

i)     the appointment, duties, and removal of officers or servants of the Association and their remuneration;

j)     the method of election of the Council and of the officers of the Association;

k)    the fees to be paid on admission to membership;

l)     local chapters of the Association, with power to establish and name each local chapter and to prescribe the rights and functions of each local chapter.
Such by-laws, unless in the meantime confirmed by a general meeting of the Association, shall have force only until the next Annual General meeting following their adoption by the Council.

13.  Every Active Member of the Association, in good standing, as well as every Retired Member, Life Member, and Charter member, shall be designated a “Registered Music Teacher” or “R.M.T.”; and no Association member of any other classification, nor any person who is not a member of the Association, shall take or use either of the said titles or any abbreviation thereof calculated to represent the individual as being a bona fide “Registered Music Teacher”.
 
14.  Any by-law or regulation relating to the Nova Scotia Music Teachers’ Association or the Nova Scotia Registered Music Teachers’ Association that was made at any time after the coming into force of Chapter 71 and before the coming into force of this Act either by:

a)    the Council of the Association and confirmed by a general meeting of the Association; or

b)    a general meeting of the Association,

is deemed to have been authorized by Chapter 71.

15.  Nothing in this Act affects the rights acquired by any person from a judgment or order given or made in litigation or proceedings commenced on or before May 22, 1998.

By-Laws

1.     DEFINITIONS

In these by-laws, “Association” means the Nova Scotia Registered Music Teachers’ Association. “Council” means the Council of the Nova Scotia Registered Music Teachers’ Association. “Good Standing” means that the member of the Association has paid in full the amount of dues payable from time to time under these by-laws and presented legitimate qualifications in the application process.

2.    MEMBERSHIP

a)    Active Membership

Is open to anyone who:

i.     is over eighteen years of age; and

ii.    has resided in Nova Scotia for at least six months prior to making application for membership; and

iii.   has been teaching in a professional capacity under conditions satisfactory to the Council for at least two years or has passed such tests and examinations as may be required by the Council; and

iv.   passes recognition of certification (music degrees or diplomas equivalent to that of a teaching/performing associateship or licentiateship from any School of Music, Conservatory, or University recognized by the Council); or

v.    is a member in good standing of a Registered Music Teachers’ Association of a Province, other than Nova Scotia, who presents a Transfer of Membership Form; or

vi. has an established reputation in the field of performance and/or teaching and whose application is approved by the Council.

vii. An Active Member, upon retiring from teaching, may remain associated with the NSRMTA by requesting status as a “Retired” member, and by paying a reduced yearly fee.

Active Members shall be entitled to use the designation “Registered Music Teacher” or the abbreviation “R.M.T.”.

b)    Life Membership

An Active Member may be made a Life Member upon recommendation of the Council and upon election at the Annual General Meeting of the Association. Life Member status shall be bestowed in recognition of the Active Member’s contribution to the Association for many years as any one of the following:

i.     an officer or an executive member of a local Chapter of the Association; or

ii.    an officer or an executive member of the Provincial Council of the Association; or

iii.   a teacher for at least fifty years; or

iv.   an individual who in the opinion of the Council is deserving by virtue of other contribution to the Association generally or to the Council specifically.
A Life Member shall be entitled to all the privileges of Active membership without payment of annual dues. Life membership status is not transferable to other provinces.

c)    Affiliate Membership, Levels 1, 2, and 3.

Is open to anyone who:

i.     is over eighteen years of age; and

ii.    has resided in Nova Scotia for at least six months prior to making application for membership; and

iii.   satisfies the Council that he/she has received training in music and is teaching or intending to teach music; and

iv. if applying for Affiliate Membership Level 1, the applicant satisfies the Council that he/she has achieved Grade X level, or its equivalent from any School of Music, Conservatory, or University recognized by the Council; or

v. if applying for Affiliate Membership Level 2, the applicant satisfies the Council that he/she has achieved Grade IX level, or its equivalent, from any School of Music, Conservatory, or University recognized by the Council; or

vi. if applying for Affiliate Membership Level 3, the applicant satisfies the Council that he/she is teaching music or intending to teach music, but no specific level of accomplishment is required.

Affiliate Members shall not be entitled to use the designation “Registered Music Teacher” or the abbreviation “R.M.T.”.  Affiliate Members shall not vote or be eligible to hold office nor shall Affiliate Membership status be transferable to other provinces.

c)    Certificates of Standing

i.  Cards shall be issued annually to each Active Member, Retired Member, Life Member, and Charter Member in good standing, which shall read as follows:

‘This certifies  _____________as _______________Member in good standing of The Nova Scotia Registered Music Teachers’ Association for the year ending August 31st, A.D. [year], and is entitled to use the words “Registered Music Teacher” or the abbreviation “R.M.T.”’

(Signed)___________, Treasurer, Date:___________’

ii. Cards shall be issued annually to each Affiliate Member, Auxiliary Member, and Honorary Auxiliary Member in good standing, which shall read as follows:

‘This certifies______________as______________Member in good standing           of the Nova Scotia Registered Music Teachers’ Association for the year ending August 31st, A.D. [year].

(Signed)____________, Treasurer, Date:____________’


d)    Charter Members

All Active Members in good standing on August 26, 1941, shall be considered Charter Members of the Association.

e)    Former Associates and Honorary Associates

All Associates and Honorary Associates as referred to and defined in the predecessor by-laws, in good standing on and after April 10, 1988, shall now be named and considered Auxilliary Members and Honorary Auxiliary Members of the Association.

3.    AUXILIARY MEMBERS

a)    In addition to Active Members and Affiliate Members, the Association may elect Auxiliary Members which are persons who are not music teachers but are music publishers, owners or managers of music stores, music librarians, piano technicians, or representatives of music festivals.  Auxiliary Members shall not be entitled to use the designation “Registered Music Teacher” or the abbreviation “R.M.T.”.  Auxiliary Members shall pay dues and be registered with the CFMTA; but they shall not vote or be eligible to hold office, nor shall Auxiliary Member status be transferable to other provinces.

b)    Honorary Auxiliary Members are persons who may be so elected at the Annual General Meeting upon recommendation of the Council in recognition of their service to the Association or in recognition of their special service in or their special interest in any field of art.  They shall pay no dues, nor shall they be registered with CFMTA.

4.    DUES

a)    The Annual Dues shall be such amount approved by a majority vote of the members present at either the Annual General Meeting or a Special Meeting called for the purpose of considering the matter, notice of which shall be given in accordance with the provisions in Section 14 hereof for the Change of By-Laws.

b)    Annual Dues shall be payable by the 30th day of June preceding the following Association Fiscal Year which runs from 1 September through 31 August. A penalty shall be added to the Annual Dues payable if they remain unpaid after June 30th. Any member who has failed to pay his/her Annual Dues and the associated penalty by the last day of December in any year shall have his/her name removed from the Register of Members. A reinstatement fee shall be charged to any member whose name has been removed from the Register of Members for any reason other than transfer. No Member shall be reinstated except by motion of the Council. The amount of the penalty and the reinstatement fee shall be such amounts approved in accordance with the procedures outlined in section (a) hereof.

5. APPLICATION FOR MEMBERSHIP

a)  All applications for admittance as a Member of the Association shall be submitted in writing to the Registrar or to the Vice-President if there is no designated Registrar at the time,  and shall contain the relevant information as required by section 2 of these by-laws. All completed applications shall be referred by the Registrar or the Vice-President to the Council. The Council may elect the applicant to membership, reject the application, or defer decision upon the application.

b) Newly confirmed and newly reinstated members shall pay dues and fees as follows:

i) if enrolled any time from 1 June to 31 January, the appropriate full-year fee plus the initial registration fee, with full activation of membership to occur on earlier than 1 September;

ii) if enrolled any time from 1 February to 31 May, shall pay half of the appropriate full-year fee plus the initial registration fee, with full activation of membership to occur immediately; and

iii) because no “new” membership application can be deemed “late”, and because the one-time registration fee is intended to cover extra costs, no “late fee” shall be charged.

6.    DISCIPLINE

If any member violates any of the by-laws of the Association or commits a breach of its Code of Ethics, the Council shall have no jurisdiction to deal with the violation or the breach unless a complaint is made to the Council in writing. A copy of the written accusation shall be provided to the accused member forthwith. He/She shall be given at least two weeks from his/her receipt of the written accusation in which to provide to the Council his/her written response to the accusation. After reviewing the written complaint and any written response received from the accused member, the Council shall have the power to, first, suspend the member for such period as the Council may decide (not exceeding six months), or second, by a two-thirds vote of those present, expel such member.

In the event that the accusation made is criminal in nature, the complainant must lay a criminal charge and refer the matter to the criminal court system for determination. The Council shall have no jurisdiction to deal with the accusation unless the accused member is found guilty by the criminal court system and any time for filing an Appeal therefrom has expired. Thereafter, the council may proceed as detailed herein.

7.    ASSOCIATION YEAR

The Association year shall be from September 1st of any year until August 31st of the following year.

8.    MEETINGS

a)    The Annual General Meeting of the Association shall be called by the President to take place before August 31st of each year.

b)    Special Meetings shall be called by the President when requested by motion of the Council or when requested in writing by ten members of the Association.

c)    If the President shall refuse or fail to call any meeting provided by these by-laws to be called, such meeting may be called by any member of the Association.

d)    At least ten days notice by ordinary mail shall be given of each meeting to each member of the Association, but inadvertent failure to give such notice to any member shall not invalidate the proceedings of the meeting.

9.    OFFICERS

The Officers of the Association shall be the President, the Vice-President, the Secretary, and the Treasurer. The President and Vice-President shall be elected from the Council by the Council. Where possible, for the purposes of continuity, the Vice-President shall be elected to the position of President in the following year. The Secretary, Treasurer, and Registrar shall be appointed by the Council as it shall from time to time determine. The offices of Secretary and Treasurer may be combined. The office of Secretary may be divided into two positions, Recording Secretary and Corresponding Secretary, the duties of which shall be as directed by the Council.

10.  DUTIES OF OFFICERS

a)    The President shall:

i.     preside at all meetings of the Council and of the Association;

ii.    arrange, with the assistance of the Secretary and a local committee, the annual Convention of the Association;

iii.   appoint the Chairpersons of committees which may be struck from time to time;

iv.   appoint Patrons, Life Members, and Honorary Affiliates, once voted upon by the Council;

v.    sign, with the Treasurer, all cheques;

vi.   have general supervision of all the affairs of the Association;

vii.  communicate with the Vice-President for Nova Scotia of the Canadian Federation of Music Teachers’ Associations (CFMTA) and with the Presidents of the other provincial Registered Music Teachers’ Associations;

viii. assist the Secretary with correspondence;

ix.   co-ordinate and communicate with the local Chapters of the Association;

x.    oversee and initiate special projects of the Association;

xi.   respond on behalf of the Association to issues which may arise from time to time.

b)    The Vice-President shall:

i.     have all the powers of the President when the President is absent or when requested by the President to assume the President’s duties;

ii.    assume the role of the President upon the President’s retiring or in case of resignation, death or removal from office;

iii.   be chairperson of workshops;

iv.   intend to stand for election as President;

v.    assist the convenors of the Competitions of the Association including Young Artist and CFMTA Competitions;

vi.   have cosigning authority with the Treasurer when the President is unavailable.

c)    The Secretary shall:

i.     have the custody of the records of the Association and shall keep records and minutes of all meetings of the Association and of the Council;

ii.    correspond as directed upon motion of the Council and/or as directed by the President.

d)    The Treasurer shall:

i.     deposit all monies belonging to the Association in a Chartered Bank, Trust Company, or Credit Union;

ii.    pay by cheque those accounts passed by the Council, such cheques to be signed by the Treasurer and either the President or the Vice-President;

iii.   present a statement of the finances of the Association at the Annual General Meeting.

iv.   compile and maintain the Association’s primary list of members, along with their chapter affiliations, postal and email addresses, telephone numbers, and particulars of teaching specialties, which information shall be received by the Treasurer from two general sources:

(a) from the continuing members along with their annual renewal fees and subsequently as they may find it necessary to submit changes to the official records, and

(b) from the Registrar as new and reinstated members are processed and their fees are collected;

v. compile a freshened master membership list as soon in the new fiscal as possible, and promptly send that list to the Association’s Webmaster so that the public has access to important information as they search for teachers;

vi. send that freshened master list to the Executive of the CFMTA by their 31 October deadline, along with the appropriate provincial fees;

vii. be continually responsible for processing requests from members that their officially-registered information be changed, said processing to include updating the Association’s official records and then submitting those updates to both the Webmaster and the CFMTA Executive as appropriate.

e)    The Registrar shall:

i.     be a liason between the association and the public;

ii.    keep such records as will constitute a history of the Association’s processing of new and reinstated members;

iii.   disseminate information in relation to the Association to prospective and existing members;

iv.   receive membership applications and fees from both new and reinstated prospective members, and as soon as possible transfer appropriate information and funds to the Treasurer for the official membership list and for deposit;

v.    bring applications for membership before the Council for election;

vi.   correspond with members before the Council for election of those members who are no longer in good standing and reinstate members upon the direction of the Council pursuant to section 4(b) hereof;

vii.  forward to the members Certificates of registration;

viii. ascertain that the Treasurer has submitted any changes in membership to the CFMTA executive.

11.   COUNCIL

a)    The Council shall consist of ten members who shall be elected to serve two years each. As indicated in Section 9 hereof, the President and Vice-President shall be elected from the Council by the Council. Five members of the Council shall retire each year and their successors shall be elected at the Annual General meeting. It is intended that the Vice-President shall assume the role of President upon the President’s retiring. A retiring member of the Council may be eligible for re-election provided that no member shall serve in excess of two consecutive terms unless his/her appointment to the Council has been made by the Council for the purpose of filling a vacancy thereon or unless he/she is to be re-elected to the position of President.

b)    The management of the business of the Association between meetings thereof is vested in the Council which, in addition to all other powers and authorities conferred upon it by the Act of Incorporation or these by-laws, may exercise all such powers and do all such acts and things as may be exercised or done by the Association which are not by the Act of Incorporation of these by-laws expressly directed or required to be done by the Association in an Annual General Meeting.

c)    Each elected member of the Council, except the President, shall have one vote. The President shall have a casting vote only in the event of a tie. Only elected members of the Council shall have a vote at the meetings of the Council.

d)    If any vacancies occur in the Council through resignation, death, or other cause, the Council may fill such vacancies by a majority vote of the Council.

e)    The Vice-President for Nova Scotia of the Canadian Federation of Music Teachers’ Associations (CFMTA) shall be an ex-officio member of the Council in addition to the elected members.

f)     The second representative for Nova Scotia of the Canadian Federation of Music Teachers’ Associations (CFMTA) shall also be an ex-officio member of the Council in addition to the elected members.

g)    Members of the Council shall hold office until their successors have been elected.

h)    The Council shall meet at least three times each year before the Annual General Meeting, usually in the months of October, March, and June.

12.  QUOROM

a)    Fifteen members shall constitute a quorum of the Association.

b)    Five members shall constitute a quorum of the Council.

13.  NOMINATING COMMITTEE

a)    A Nominating Committee, consisting of three members of the Association, shall be appointed by the Council before January in each year. This Committee shall bring before the Annual General Meeting the names of at least six members as nominees for the Council.

b)    After receiving the report of the Nominating Committee and any further nominations from the floor of the Annual General Meeting, the election of the Council Members shall be held.

c)    All elections of the Council members by the Association and the elections of President and Vice-President by the Council shall be by secret ballot.

d)    After the offices of President and Vice-President have been filled, the Secretary and Treasurer shall be appointed.

e)    Auditors may be appointed by the Council after the President and other officers have been named.

14.  CHANGE IN BY-LAWS

a)    Notice of motion to amend these by-laws may be given:

i.     at any Annual General Meeting for the next Annual General Meeting of for any meeting called for the purpose;

ii.    by notice in writing given to the Council at least thirty days before the Annual General Meeting; the Secretary shall advise each member of the Association in accordance with section 8(d) hereof;

iii.   by the Council in the notice calling the Annual General Meeting.

b)    The Association may at its Annual General Meeting, by a two-thirds vote of the members present at such meeting, waive the notice of an amendment to the by-laws.

c)    No amendment to these by-laws shall be valid unless notice has been given or waived as aforesaid and unless such amendment be approved by two-thirds vote of the members present at either the Annual General Meeting or a Special Meeting called for the purpose of considering such amendment.

Regulation Number 1
Nominating Committee Guidelines

1.     The Nominating Committee should be appointed at the Fall (November) Council Meeting, as it is supposed to be in existence before January 1st according to our by-laws.

2.    The Council shall appoint a Nominating Committee consisting of three members of the Association, one of whom should assume the role of the Chairperson.

3.    Each member of the Nominating Committee should be informed of those members who will be coming off the Council, those who will allow their names to stand for re-election to the Council, and those who will be remaining on the Council.

4.    It is the responsibility of the Nominating Committee to contact the Presidents of each local Chapter to ask them to call for nominations locally. Members living in areas where there is no local Chapter should be contacted to see if they would be prepared to nominate someone or to see if they would be prepared to let their own names stand for election.

5.    There should be at least one meeting of all members of the Nominating Committee. If this is not feasible due to distance, arrangements should be made for a telephone conference call. On the occasion of this meeting or of this conference call, names of Nominees should be checked to see if they qualify (that they are full members whose dues have been paid).

6.    It is the responsibility of the Nominating Committee to ensure that the Nominees will allow their names to stand for election.

7.    The final report of the Nominating Committee should be brought to the Annual General Meeting by the Chairperson.

Regulation Number 2
Election of CFMTA Executive Members

1.     The CFMTA by-laws require that one Executive Member shall be named each year from every province, each for a two-year term. The terms of the two Executive Members should overlap, so only one is going off each year. The Provincial Council shall stipulate which of the two is CFMTA Vice-President for Nova Scotia. Each year, an alternate delegate to the Convention in a Convention year or to the Annual General Meeting in a non-Convention year shall be selected from the Council.

2.    A CFMTA Executive member shall serve for no more than four consecutive terms (eight years) unless he/she is serving as First Vice-President, President, or Past President of the CFMTA.

3.    A CFMTA Executive Member whose term is expiring remains in office until the close of the Annual General Meeting in a non-Convention year and until the close of the Convention in a Convention year.

4.    A CFMTA Executive Member must have held office for at least two years in the Provincial Association which he/she represents, either at the Provincial Council level or at the local chapter level.

5.    The CFMTA Vice-President for Nova Scotia must submit a report of the year’s activities of the local Chapters and of the Provincial Association to the Secretary-Treasurer of the CFMTA by the date specified by the CFMTA for publication in the Annual Reports of the CFMTA.

6.    The CFMTA Vice-President for Nova Scotia and the CFMTA Delegate must together submit a report of their participation in each year’s CFMTA Executive meetings for publication in “Arabesque” or for circulation to the members of the NSFMTA by other means.

Regulation Number 3
Local Chapters

1.     Only Members of the NSRMTA who are in good standing are eligible for membership in a local chapter of the NSRMTA.

2.    The Act of Incorporation and the Code of Ethics of the NSRMTA are the Act of Incorporation and the Code of Ethics of each local Chapter.

3.    Each local Chapter may:

a)    elect executive officers according to the by-laws of the NSRMTA;

b)    set a fee for membership in the local Chapter;

c)    send Resolutions to the Provincial Council for presentation to the Annual General Meeting of the NSRMTA.

4.    Resolutions from the local Chapters should be forwarded to the Secretary–Treasurer of the NSRMTA at least thirty days before the Annual General Meeting of the NSRMTA.

5.    A brief Annual Report of the local Chapter’s activities should be prepared by the Secretary of each local Chapter to be presented by him/her at the Annual General Meeting of the NSRMTA. If the Secretary is unable to attend the Annual General Meeting, the Report should be sent to the Secretary of the Provincial Council at least two weeks before the Annual General Meeting of the NSRMTA.

Also see: Code of Ethics

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