CONSTITUTION-FLOOR-RESOLUTIONS-EN.pdf

7/27/2019 CONSTITUTION-FLOOR-RESOLUTIONS-EN.pdf

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CONSTITUTION FLOOR RESOLUTIONS

Conservative Party Convention 2013

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Conservative Party of Canada 2013 Convention


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On behalf of the entire Conservative Party and its membership, we would like to extend oursincere thanks to all of the hard-working members of the National Constitution Committee:

Chair of the NCC Cecil TaylorThe Territories Conrad TiedemanBritish Columbia Nicole HackettBritish Columbia Jeffrey Griese

Alberta Debbie JanzenAlberta William McBeathSaskatchewan Lyndon DaymanManitoba John AlexanderOntario Daniel DickinOntario David GentiliOntario Cheryl BanierOntario Jai Bhatti

Quebec Benoit LarocqueQuebec Alexandre MeterissianQuebec Andrew SwidzinskiNew Brunswick Thomas ChristieNova Scotia Jeffrey HuntPrince Edward Island James TraversNewfoundland and Labrador Nicholas Crosbie

Special thanks to Ian Baird who acted as Chair until January 2013.

The committee sought feedback from EDAs on potential Constitutional Amendments in a fairand open process.

After an extensive process of collecting proposed Constitutional amendments, the attachedresolutions have been ranked by EDAs across the country into 4 priority groups based onstrength of support. This will ensure that amendments with the greatest amount of support willhave the greatest amount of time for debate during the breakout sessions.


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PRIORITY 1 RESOLUTIONS



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RESOLUTION C-101 (Principles)

Add new section 2.1.15 and renumber the remainder2.1.15 A belief that Canada should continue its strong heritage of

national defence, supporting a well-armed military, honouring

those who serve, and promoting our history and traditions"

Rationale

Under the Founding section of the constitution there is mention of

principles of prosperity, responsible government, personal freedoms,

equality, etc. but no mention of the principle of a strong military. Adding

this principle will underscore the importance of Canadas military both at

home and abroad and will demonstrate the Conservative Partys

commitment to Canadas military as a core value.


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Add new section 2.1.17 and renumber the remainder2.1.17 A belief that Canadian Jurisdiction extends beyond the

coastline to include the internationally recognized regions of the

Territorial Sea, Exclusive Economic Zone (ETZ) and Continental

Shelf;

Rationale

The commonly used saying from shore to shore to shore fails to

recognize that Canadian jurisdiction extends far beyond the coastlines. The

International Community recognizes that Canadian jurisdiction is from

Continental Shelf to Continental Shelf to Continental Shelf. Canadas ocean

estate covers a surface area of approximately 7.1 million square

kilometers. This represents an area equivalent to about 70% of Canadas

land mass.

The Canadian government has to make decisions and conduct

international negotiations on numerous issues related to this jurisdiction. It

is appropriate that the CPC Policy Declaration also addresses issues

related to them. The NPC should insure that this jurisdiction, which does

not have an EDA representation gets adequately policy review.


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RESOLUTION C-103 (Definitions)

Add new section 3.143.14 Term means the period of time from one National

Convention of the Party to the next National Convention of the

Party. Where someone is elected part way through that period of

time to fill a vacancy, their time shall count as a term if they have

served at least one year of their term. If they serve less than 365

days then their time served shall NOT count as a term against

their term limits.

Rationale

Currently the constitution is silent on what constitutes a term, the normal

term is from one convention to the next but it is unclear of what happens in-

between conventions so be defining what counts as a term when part of the

time is filled.


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RESOLUTION C-104 (Membership)

Add new section 4.1.6

4.1.6 There will be no cash memberships purchased during thecandidate selection process.

Rationale

This is in keeping with the Canada Elections Act but may go one stepbeyond. It is a strict safeguard for participation in the candidate selectionprocess to ensure the identity and source of funds of our members.


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Delete the words that are struck through and add the words that are underlined inArticle 4.2 as follows:

4.2 Subject to minimum periods of membership which may be set out in the

Constitution, or in a by-law or otherwise by National Council Twenty- one (21) days after

payment of a membership fee in the amount and in the manner specified by by-law,

every member is entitled to:

4.2.1 participate in any meeting of the electoral district association in which that person

resides;

4.2.2 vote for, and stand for election to, the board of directors of any electoral district

association in which that person resides;

4.2.3 attend any national convention upon payment of the prescribed fee; and

4.2.4 vote for, and stand for election as, a delegate or alternate delegate at any meeting

called by an electoral district association in which that person resides, for the selection

of delegates or alternate delegates to any national convention of the Party.

4.2.5 Any member whose membership has expired within the previous ninety (90) days

of an event may participate in any event specified hereunder provided that the member

pays the appropriate membership renewal fee at the door in the amount and in themanner specified by by-law.

Rationale

Our constitution must clearly and simply set out the rights of members to participate in

the Party. These articles are the root of most controversy at the meetings of members.

Clarity and simplicity is imperative.


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4.2 Subject to minimum periods of membership which may be set

out in the Constitution, or in a by-law or otherwise by National

Council, every member is entitled to:

4.2.1 participate in any meeting of the electoral district association

in which that person resides or serves as a board member;

4.2.2 vote for, and stand for election to, the board of directors of

any electoral district association in which that person resides;

4.2.3 attend any national convention upon payment of the

prescribed fee; and

4.2.4 vote for, and stand for election as, a delegate or alternate

delegate at any meeting called by an electoral district association

in which that person resides or serves as a board member, for the

selection of delegates or alternate delegates to any national

convention of the Party;

4.2.5 stand for election to the board of directors of an electoral

district association other than the one in which that person

resides;

4.2.6 A member can stand for election as a delegate or alternatefor any one meeting in a single EDA.


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Rationale

After the 2011 convention, Section 4.2 and 4.3 of the Constitution

(membership) were changed in a way that was particularly difficult for

students, political staff members, and others to maintain connections and

participation with "home" EDAs. The change was meant simply to avoid

confusion about the nature of party membership (i.e. it had to be clear that

membership was in fact in the national party and there was no riding-level

membership system). Unfortunately, by removing the term "holdsmembership" and replacing it with "resides" in the sections below, the effect

was to disenfranchise members who may serve on a riding board in a

riding other than the one in which they reside (as is often the case for

political staff, students, and other activists). The objective of trying to avoid

confusion about the nature of national membership is important, but given

that serving on a board of one EDA while residing in another is still a

permitted (Article 7.4 of EDA constitutions) and often necessary activity,

there should be some recognition of the reality that such board membersshould be able to participate in the proceedings of the EDA on whose

board they serve.

The proposed changes would bring the membership section in alignment

with section 7.4 of the existing EDA Constitution document, which does

permit for a certain number of board members to be from an electoral

district association other than the one in which they reside.


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RESOLUTION C-107 (National Conventions)

Add new Section 7.7

7.7 Proposals to amend the policy declaration or constitution which are not

passed at a national convention shall not be reintroduced in the same or

similar form or intent at the following two national conventions.

Rationale

A few of the same proposals occur time and time again at national

conventions, expending significant political capital, fatiguing our

membership, and garnering negative media attention. If the will of the

delegates at a national convention is to not adopt a certain proposal, then

that will should be respected.

This will keep our national conventions fresh, forward-looking and focusedon new proposals rather than proposals which have already been rejected

by our members.


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RESOLUTION C-108 (National Council)

Add the words that are underlined in Article 8.1 as follows:

8.1 The following and the spouses of the following may not hold office as

an elected member of National Council:

8.1.1 Members of Parliament or Senators, except the Leader;

8.1.2 employees or contractors of the Party;

8.1.3 employees or contractors of Senators or Members of Parliamentincluding political staff of Ministers of the Crown;

8.1.4 individuals holding a membership in another federal political party;

8.1.5 Directors of Conservative Fund Canada;

8.1.6 Members of Provincial or Territorial Legislative Assemblies.

Rationale

The partys constitution currently sets out certain limitations on eligibility to

serve on National Council in section 8.3 which operate in the spirit of the

separation of powers that pervades our partys traditions and its written

constitution: the caucus, the Conservative Fund Canada and the National

Council each exercise a certain sovereignty within its respective area of

responsibility. This amendment would extend the preclusion from serving

on National Council to the spouses of the persons already deemed to be

ineligible to serve on the National Council. This resolution closes a

loophole that leaves us vulnerable to conflict of interest in our

governance. It is important that we remain clear of such conflictindeed

even the perception of it


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Insert new 8.18 and renumber the rest

8.18 A quorum of National Council is a majority of National Council.

Rationale

EDA Board meetings are required to have quorum in order to conduct

business, as should National Council. As most National Council meetings

are by teleconference, this majority requirement is not burdensome.


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RESOLUTION C-110 (Conservative Fund Canada)

Add new Section 9.9

9.9 A representative of the Conservative Fund Canada will provide a

financial report to the delegates at each national convention and at that

time be prepared to answer questions the delegates may have on it.

Rationale

This Amendment ensures the current practice of open and transparent

financial reporting at National Conventions by the Conservative Fund

Canada will continue in the future.


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Resolutions C-111, C-112 deal with the same issue but in different ways. At most one ofthese will go to plenary.

RESOLUTION C-111 (Policy)


13.2 The National Policy Committee shall consist of:

13.2.1 a chair appointed by National Council elected by the members of the

Committee at their first meeting;

13.2.2 the President of National Council;

13.2.3 two members of National Council to be selected by National Council;

13.2.4 the same number of representatives from each province as the number of

members of National Council from that province, selected by the presidents of

the electoral district associations in each province, and;

13.2.5 one representative for the three territories elected by the presidents of the

electoral district associations from the territories, and;

13.2.6 with the exception of the President of the National Council, the election

and appointment of its members will be staggered with half the members

appointed or elected after having submitted to the National Council the

consolidated text of the Policy Declaration referred to in Article 13.1.5 following

each national convention.

13.3 The term of the National Policy Committee shall begin upon the election and

appointment of its members and shall terminate upon the submission to National

Council of the Consolidated text of the Policy Declaration referred to in Article13.1.5. The term of the membership on the National Policy Committee shall

begin upon the election or appointment of the member and shall terminate after

the second national convention upon the submission to the National Council of

the consolidated text of the Policy Declaration referred to in Article 13.1.5


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Rationale

The grassroots need to strengthen their authority over the policy makingprocess that is intended to allow members to shape the Partys PolicyDeclaration by ensuring that the National Policy Committee is responsive tothe Committee members not to any other body or authority. This can bestbe achieved by having the Chair elected by the Committee itself rather thanappointed by the National Council. An elected Chair will be moreresponsive and accountable to the Committee; particularly its electedmembers.

The functioning of the NPC would be greatly improved by ensuring somecontinuity in its membership. The amendment would double themembership term to two conventions. It would then have half of thecommittee members elected or appointed after each convention. Thiswould ensure that the NPC always has some experienced members.


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Delete the words that are struck through and add the words that are underlined inArticle 13.2 and add 13.7 as follows:

13.2 The National Policy Committee shall consist of:

13.2.1 a chair appointed by National Council elected by the Committee

members at their first meeting;

13.2.2 the President of National Council;

13.2.3 two members of National Council to be selected by National

Council;

13.2.4 the same number of representatives from each province as the

number of members of National Council from that province, selected by the

presidents of the electoral district associations in each province; and

13.2.5 one representative for the three territories elected by the presidents

of the electoral district associations from the territories.

13.7 with the exception of the President of the National Council, the

election and the appointment of members is scattered, half of the members

being elected or appointed upon the submission to National Council of the

consolidated text of the Policy Declaration referred to in Article 13.1.5.

following each national convention.

Rationale

Support to the status of the Policy Committee as a more autonomous and

permanent entity of the Party.


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Add new Section 13.10

13.10 The National Policy Committee shall send guidelines pertaining to

the amendment of the party policy declaration to all EDAs. These

guidelines shall be developed by the Committee and distributed through the

Executive Director of the party, no later than 365 days before the next

national convention.

Rationale

There is currently no nation-wide guiding document which guides an EDA

through the policy renewal process. This leaves different EDAs, regions,

and provinces to develop their own separate processes. This creates the

possibility that our members are being treated differently in different parts

of the country.

This document should establish one standard for submitting amendments,holding EDA and regional meetings, communicating with members,

electing delegates, and so forth, so the process is clear for all EDAs,

members, and participants involved.


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RESOLUTION C-114 (Provincial Parties)


15.2 The Party shall not use Party assets, including databases,

and Party staff in the course of their employment, to assist

provincial parties.

Rationale

The information collected for use by the Conservative Party of Canada is

obtained for the sole use and benefit of the Party. The Party must ensure it

maintains its neutrality in all respects.


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RESOLUTION C-115 (Constitutional Amendment)

Insert new 16.4 and renumber the remainder

16.4 The National Constitution Committee shall not accept for

consideration any constitutional amendments that deal with

subject matter that has been considered by but not adopted

pursuant to the rules of section 16.1 of the Constitution in any of

the previous two (2) National Conventions.

Rationale

This amendment will help the party to avoid repeating divisive debatesabout the constitution at subsequent conventions, and discourage theintroduction of resolutions that have narrow support among EDAs anddelegates. It will encourage broader coalition-building among EDAs.


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16.8 The National Constitution Committee shall send guidelinespertaining to the amendment of the party constitution to all EDAs.These guidelines shall be developed by the Committee anddistributed through the Executive Director of the party, no laterthan 365 days before the next national convention.

Rationale

There is currently no nation-wide guiding document which guides an EDAthrough the constitution renewal process. This leaves different EDAs,regions, and provinces to develop their own separate processes. Thiscreates the possibility that our members are being treated differently indifferent parts of the country.


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PRIORITY 2 CONSTITUTIONAL

AMENDMENTS



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Delete the words that are struck through and add the words that areunderlined in Article 2.1.19 as follows:

2.1.19 A belief that the greatest potential for achieving social and

economic objectives is under a global trading regime that is free

and fair provides a net benefit to Canada.

Rationale

In April 2008 the Conservative Government of Canada, under federal Foreign

Investment Rules of 1985, determined there to be a lack of net benefit to Canada in the

proposed takeover of MacDonald Dettwiler Associates Ltd, a Canadian space

technology company, by the U.S. firm Alliant Telesystems, Inc. Accordingly the

takeover was not approved.

Similarly in November 2010 they also blocked on the same grounds the takeover of

Potash Corporation, a Canadian world supplier of potash, by the Australian firm of BHP

Billiton.

The intent of this resolution is to correct the idea within the Constitution that a

Conservative Government will allow unrestricted "freedom" of investment in Canada

when in actual practice, it does not.

Adoption of this proposal also eliminates the inconsistency of intent now existent

between the free and fair language of Principle 2.1.19 and Conservative Policy No. 26

(iii) which states:

We support amending the Investment Canada Act to expand the review process to

include not only the net benefit to Canada in reference to our industrial, economic and

cultural policies, but also a consideration of our national security interests. This would

include security of supply, technology transfer and any anti-trust implications.


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Add new Section 2.1.20

2.1.20 A belief that a responsible government will protect

individuals, secure borders, and defend our nation from any

threats, whether they be domestic, foreign, immediate or

foreseeable.

Rationale

To clearly define the importance of national security and sovereignty andallow a basis for future policies and/or legislations concerning Canadianinterests like defence, foreign intelligence, and border security.


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3.14 For greater certainty, those entitled to participate (to attend,speak or visit) an EDA AGM (annual general meeting) shall be thefollowing: members of the EDA, those invited by the EDAexecutive to attend, those nominated for positions on the board orexecutive and members of the Board of Directors.

Rationale

This would limit attendance at EDA AGMs to EDA members and/or invited

persons.


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4.1 Membership in the Party is open to every citizen or permanentresident of Canada who:

4.1.1 has attained the minimum age specified by by-law is at leastfourteen (14) years of age;

4.1.2 actively supports the principles of the Party;

4.1.3 signifies their intention to join the Party by signing a prescribedmembership form, or by paying the membership fee in the amount andin the manner specified by by-law;

4.1.4 has personally paid the Partys national membership fee in theamount and in the manner specified by by-law specified by NationalCouncil which shall set rules and procedures to provide reasonable

assurance that the membership fee was paid by the memberpersonally; and

4.1.5 is not an individual holding a membership in another federalpolitical party.

Rationale

4.1.1 - we have no reason to hide the age at which people can join the Party. It is wrong

to do so.

4.1.3 - There is no provision for changing article 4.1.3 by by-law. Members have the

right to know what the rules are; they should be set out in the constitution.

4.1.4 - There is no provision for changing article 4.1.3 by by-law. The wording in the

Membership By-law is clearer than that in the constitution and should be adopted.


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Add new Sections 4.2.5

4.2.5 All Party memberships shall expire on June 30. Anymemberships purchased on or after March 1

stshall be valid for

that year and the following year(s) to June 30th.

All memberships can be renewed without loss of voting privilegesup to and including October 31

st. (Exceptions can be made for

Sections 7 and 14)

Rationale

Members rarely know when their memberships expire. If the membership director of thelocal EDA is not active, the memberships may lapse causing the individual to beineligible to vote and be notified of meetings and events.

The current system of 12-month memberships makes life for candidates for nominationdifficult. The person at the door often thinks he or she is a member and will be amember at the time of the nomination meeting but shows up at the meeting only to findout the membership has lapsed.

Membership drives and events get the members involved in the process and buildsteam participation. One membership drive a year is cost effective. Newsletters andevent notifications can be sent out at the same time. Random renewals mean letters aresent out throughout the year often with no enclosures.

To reduce the work load in December, the expiry date should be June 30th. This wouldencourage EDA events such as picnics and socials to involve the members and signthem up.

Most AGMs occur prior to June 30. All members showing up at the meeting would beeligible to vote. Memberships could be renewed for the following year at that time.


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RESOLUTION C-123 (Governance Objectives)


6.1.2 direct regular communication from National Council,Conservative Fund Canada and the Leader to electoral districtassociations (EDAs) and members and from the EDAs to theabove to ensure accountability and to provide regular feedback;

6.1.3 maintenance of a policy development process which

respects and encourages the participation of all members andwhich culminates in the adoption of policy resolutions at nationalconventions that will become the Partys Policy Declaration fromwhich the Partys election campaign platform, legislative initiativesand government policy will be developed;

6.1.4 reporting to the National Conventions on policies from thePartys Policy Declaration that have been implemented.


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RESOLUTION C-123 (Governance Objectives)

Rationale

There is a need to enhance the link between the Policy Declaration

document of the Conservative Party and the actual implementation of those

policy statements by the Government.

Notwithstanding the above, there must be a recognition that for financial,

operational and other reasons, not all policy declarations can beimplemented at this time and that the government cannot be absolutely

bound to all or any aspects of the Partys policy declarations

The subsection 6.1.2 should be extended to include regular feedback

from EDAs

The subsection 6.1.3 should be extended to include the situation when

the Party is in power.

This proposal will enhance the implementation of the policies contained inthe Policy Declaration and provide organized feedback from the Party

grassroots to the Party leadership on a regular basis, in-between the

National Conventions.


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7.5 The following shall members are entitled to vote as delegatesat a national convention:

Rationale

Every voting member at national conventions should be a member in goodstanding of the Conservative Party of Canada.


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Add new Section 7.7

7.7 That the National Council establish clear rules and proceduresfor debate and voting in a fair and transparent manner on policyproposals and constitutional changes at national conventions.

Rationale

It is necessary to establish transparent and firm guidelines to ensure allpolicy and constitutional proposals have equal consideration, are fairlydebated and voted upon and that the level of support by percentage andtotal vote are announced during the policy and constitution working(breakout) sessions. Proposals that have the required support to advanceto the plenary session should also be announced at the policy working(breakout) session.


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Add the words that are underlined in Article 8.7.6 as follows:

8.7.6 the establishment of such other committees as National Council maydetermine for the conduct of its responsibilities;

Rationale

To add clarity.


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Insert new 8.7.7 and renumber the rest

8.7.7 the appointment of an independent ethics committee thatwill report and make recommendations annually to NationalCouncil on the Partys compliance with ethical best practices in itsfundraising and campaigning activities;

Rationale

The Party has always believed and continues to believe in ethical politicalpractices, and this provision would establish it as a leader in the politicalsphere in adopting the increasingly common business practice of having anethics committee.


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RESOLUTION C-132 (Leader)

Delete the words that are struck through and add the words that are underlined inArticle 10.10.2 as follows:

10.10.2 Each electoral district will be allocated 100 points aminimum of 100 points. For each ballot cast in an electoral districtover 100, an electoral district will be allocated an additional point,to a maximum of 200.

Rationale

This proposal allows members who live in ridings with more than 100members to have a slightly increased say in the election of the Leader. Itpartially addresses the problem in the party where smaller ridings,regardless of the size of their membership, have equal say in the electionof the leader as larger ridings with many more members. In effect, what thepresent system does is discriminate against members in large ridings by

making their votes worth less. This proposal is a compromise between aone member one vote system, and the unfair system we have presently.


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RESOLUTION C-134 (Polls, Petitions, Referenda)


12.6 The results of a referendum shall be binding if at least onetwo-thirds (12/3) of the membership cast ballots, and themajorities required by this Article have been achieved.

Rationale

A vote of a minority of the membership should not be able to pass a bindingreferendum.


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13.6 At a national convention, a policy resolution must receive amajority of votes cast by delegates and a majority of votes cast bydelegates from each of a majority of individual provinces bymeans of an open, recorded, and instantly verifiable vote. For thepurpose of this provision, the territories together shall constituteone province.

Rationale

Voting is a cornerstone of the democratic process. It is used to select oneof options different parties propose. The parties monitor the process andparticipate in verification of the result. Recording the votes makesverification unambiguous. If the votes are not recorded at a Party NationalConvention, the voting process can be abused by the Convention Chairand the Party is embarrassed. The latest example of such anembarrassment was pushing the word 'God' in to the Platform of the

Democratic Convention in 2012, when the Chair claimed he had heardmore delegates said 'aye', than 'no', while the opposite was evident.(youtube video: https://www.youtube.com/watch?v=cncbOEoQbOg). As thesame 'aye' and 'no' voting was used at the Conservative Party of CanadaConventions, some of the results were not clear to the delegates.

This proposal creates a mechanism which will ensure the voting process isdemocratic: open, recorded and verifiable. At CPC Conventions delegatestravel long distances, come together for a short period of time and vote onhundreds of proposals, i.e. there is no time for lengthy vote verification,therefore the voting results should also be instantly verifiable.


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Add new Section13.7

13.7 On at least an annual basis, the Party shall report to themembership on actions taken to implement all recommendationscontained in the CPC Policy Declaration.

Rationale

The Party Leadership stresses the importance of Conservative Party Policyand the essential role grassroots input plays in the process of developingthat Policy. As a result, party members across the country spend a greatdeal of volunteer time at local and regional party forums debating, draftingand re-drafting possible new policy initiatives and possible amendments toexisting policy.

The activity leads to a Policy Declaration which states on its cover-"asamended by the Delegates to the National Convention" and "as

consolidated by the National Policy Committee and approved by theNational Council". And there it all appears to stop-there being norequirement for the Party Leadership to provide feedback in the form ofprogress reports to those whom the party considers so "essential" to thedrafting of the document-namely, grassroots party members. The proposedclause, if accepted, will require the Party Leadership to provide partymembers with a regular report on the status of all recommendations in thePolicy Declaration. This feedback is an indispensable component of agenuine two-way exchange (leadership-grassroots) on policy issues.


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RESOLUTION C-138 (Candidates for Parliament)

Add new section 14.4

14.4 The national party may not appoint a candidate in anyelectoral district unless the local EDA fails to do so.

Rationale

Our amendment clarifies that the responsibility for candidate selection fallsfirst to the local electoral district association. This should help keep the

grass roots membership motivated to be active members.


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16.6 The term of the National Constitution Committee shall beginupon the election and appointment of its members and shallterminate after the second national convention upon thesubmission to National Council of the consolidated text of theConstitution referred to in Article 16.5.3.

Rationale

This amendment will guarantee an ongoing balance of experience andrenewal on the NCC.


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16.7 The National Constitution Committee shall consist of:

16.7.1 a chair appointed by National Council elected by the members of thecommittee at their first meeting;

16.7.2 two members of National Council to be selected by National Council;

16.7.3 the same number of representatives from each province as thenumber of members of National Council from that province selected by thepresidents of the electoral district associations in each province;

16.7.4 one representative for the three territories elected by the presidentsof the electoral district associations from the territories; and

16.7.5 one representative of the parliamentary caucus of the partyappointed by the Leader.;and

16.7.6 with the exception of the President of the National Council, theelection and appointment of its members will be staggered with half themembers appointed or elected after having submitted to the NationalCouncil the consolidated text of the Constitution referred to in Article 16.5.3following each national convention.

RationaleThis amendment will accomplish two things:a) enable the NCC to have a greater degree of autonomy and democracy

in executing its mandateb) guarantee an ongoing balance of experience and renewal on the NCC


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PRIORITY 3 CONSITUTIONAL

AMENDMENTS



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3.10National Council National Board of Directors throughoutthe entire constitution.

Rationale

The name National Council does not convey the true nature of whatNational Council actuallay does and is in fact confusing. National Council

is elected to govern, manage and control the activities of the ConservativeParty.

This is reflected in 7.6 of Constitution which states, Between nationalconventions, the governance, management and control of the activities ofthe Party are vested in National Council. Changing the name toNational Board of Directors will bring defined clarity to the role that theelected members of the Party fulfill. With this change, members of theNational Board of Directors would be referred to as National Director of

the Conservative Party of Canada.


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RESOLUTION C-143 (Electoral District Associations)

Insert new Section 5.4

5.4 Associations must give the Party Headquarters importantdocuments such as copies of minutes. In return, they will haveaccess to their information in the future.

Rationale

It is important to keep information in an orderly and permanent manner,

and to help future boards of directors.


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7.4 There shall be a national convention with a National Councilelection at least every second calendar year, subject to suchreasonable extension not exceeding nine months as may benecessary due to the conduct or threat of a federal election orconduct of the leadership selection process. National conventionsshall not be held in the same year as a federal election.

Rationale

Preparation for a Party national convention should not detract from ourelection efforts, and an election should not interfere with the preparationsfor a national convention. With fixed election dates, there is no need tohave both occur in the same calendar year. Ensuring that conventions andelections occur in separate years will enhance the strength of the Party.


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Add new Section 7.7

7.7 Each province may submit up to 10 proposals to amend thepolicy declaration and constitution in accordance with Section 7.2.For the purposes of this provision, the territories together shallconstitute one province.

Rationale

There is currently an unwritten rule that only the top 100 policy andconstitution proposals may be discussed at any one national convention.This has left the National Policy and National Constitution Committees andother party officials to personally choose and vet which proposals arediscussed at a national convention and which proposals are not. This is anunaccountable and non-transparent process which needs to change. Thus,this proposal removes the ability of the NCC or NPC to vet or select whichproposals make it to the national convention under the guise of choosingthe top 100 and imposes a limit of only 10 proposals per province (plusthe territories, meaning up to 110 proposals are discussed at a national

convention).

With each province being afforded the same number of proposals, itbecomes a provincial issue between that provinces National Councilorsand NCC and NPC representatives to determine how to select their top 10proposals. These proposals are then guaranteed to go directly to thenational convention, without secret meetings or vetting processes.


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Delete the words struck through and add the words that are underlined in Article 8.7 asfollows:

8.7 National Council has the following powers and responsibilities:

8.7.1 the establishment and recognition of electoral districtassociations and the terms of Sections 1, 7 & 8 of theirconstitutions, including the processes for the conduct of foundingmeetings, and the transfer of assets in the event of redistribution;

8.7.1.1 National Council will consider amendments to Article 7(Board of Directors) and Article 8 (Executive Committee) of theEDA constitution.

8.7.1.2 National Council will also entertain amendment requeststo Article 1 from EDAs whose Elections Canada registered namedoes not match Article 1.

Rationale

In keeping with Article 7.1 of this constitution, the electoral districtassociation constitution must form part of this constitution and be subject toamendment at convention.

It is not rational or reasonable that the constitution that governs ongoingoperations of 308(and growing) associations of party members cannot bediscussed, debated and amended at convention.


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Insert new 13.1.4 and renumber the rest.

13.1.4 Ensure the Federal Jurisdictions which exist outside of theboundaries of any EDA have adequate policy review;

Rationale

There are large areas of Federal jurisdiction recognized by the UN andratified by Canada under UNCLOS where there is no population. There is

no guarantee that policy related to these areas will be adequatelyaddressed in the National Policy Declaration. The NPC should be asked toensure that policy review related to these areas are reviewed.

The government negotiates internationally on issues related to the offshoreoceans, but the governing party does not have sufficient direction in thisarea. It should provide some insight to the direction of negotiations relatedto these federal jurisdictions.

This year, Canada has to present a major report to the UN related to

Canadian Sovereignty to the outer limits of the Continental Shelf etc.


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14.1 National Council shall create rules and procedures for theselection of candidates. The rules shall provide that only amember of the Party may seek nomination as a candidate.National Council shall establish the National Candidate SelectionCommittee that shall have the right to disallow the candidacy ofany person before or after authorize and approve the candidacy

of any person before nomination by the electoral districtassociation, subject to the appeal of such a decision to NationalCouncil whose decision shall be final and binding or who mayrefer the matter to the Arbitration Committee for decision by apanel.

Rationale

Our amendment ensures that the National Candidate Selection Committeedoes an in-depth review of potential candidates before the nominationmeeting to reduce the chance of a candidate having to be replaced.


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14.1 National Council shall create rules and procedures for theselection of candidates and be directly responsible for theoversight and timing of the nominations process as reflected inthe rules and procedures. The rules shall provide that only amember of the Party may seek nomination as a candidate.National Council shall establish the National Candidate SelectionCommittee that shall have the right to disallow the candidacy of

any person before or after nomination by the electoral districtassociation, subject to the appeal of such a decision to NationalCouncil whose decision shall be final and binding or who mayrefer the matter to the Arbitration Committee for decision by apanel.

Rationale

The members of National Council are unpaid volunteers who are elected bythe membership of their respective province or territory. They are in directcontact with their membership and understand the activities, and pressuresat the EDA level. Rather than having rules imposed on our EDAs in a non-debatable fashion, National Council can offer a consultative approach to anorderly role out of nomination dates and candidate nominations across thecounty. By re-establishing the founders view of the role of NationalCouncil within the Constitution we ensure that Political Operationsbecomes accountable to National Council and by extension to themembership of the Conservative Party of Canada.


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14.2 The rules shall provide for a candidate nomination committeein each electoral district that shall, subject to the rules, beresponsible for the administration of the candidate selectionprocess in the electoral district. The electoral district associationcan appoint the candidate nomination committee and set the startdate of the candidate selection process and the nomination, 12months after the last general election.

Rationale

Since candidates must be seen in advance in order to be known by thepublic and to better understand local issues, it is desirable that thenomination occurs well before the election call, and that the electoraldistrict has the power to appoint the candidate nomination committee andto fix the nomination date according to its needs.


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Add new 14.3 and renumber the rest.

14.3 The process of choosing a candidate from the approved listis in the power of the electoral district association

Rationale

Our amendment places the authority and responsibility for choosing the

candidate with the local membership.

This should help keep the grassroots membership motivated to be activemembers.


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14.4 An appeal on the results of a nomination meeting would bedealt with by the electoral district association executive and onerepresentative of National Council.

Rationale

Our amendment clarifies the role the electoral district executive has in an

appeal process. This helps to make sure that locally elected members playa key role in an appeal. This should help keep the grass roots membershipmotivated to be active members.


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14.4 A candidate nomination selection meeting shall take place atleast every fifty-four (54) months. This amendment will take effectat the time the next candidate nomination selection meeting isheld by each EDA.

Rationale

The existing Constitution does not provide for set timelines for nominationmeetings. As a result, there are a number of EDAs that have not held anomination meeting since 2004. The democratic process is the backboneof the Conservative Party of Canada; nomination meetings engagemembership, increase membership, and ensure our members have a voicein the Party.

It is anticipated that every EDA will hold a nomination meeting in theimmediate months prior to the next general election; allowing for four yearsbetween general elections and lead-up time, we arrived at the figure of fifty-four months.


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PRIORITY 4 CONSITUTIONAL

AMENDMENTS



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RESOLUTION C-154 (Electoral District Associations)

Add new section 5.4

5.4 The riding association has no obligation to send a notice tothe Party HQ to hold a valid meeting.

Rationale

For not invalidating associations meetings and considering the existing

situation.


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7.3 The date, location(s), business to be transacted, and the rulesand procedures for any national convention of the Party will be asdetermined by National Council. One or more of the matters setout in Article 7.2 need not be conducted at a national convention ifless than eighteen months have passed since such a matter wasconducted at a national convention. National Council may

convene a national convention upon 90 days notice to themembership.

Add new section 7.3.1 Subject to overriding considerations asmay be determined by National Council, the national conventionshall be held in the National Capital Region.

Rationale

The intent is to centralize the location of the Convention in anattempt to limit travel cost for delegates.

When the national convention is held in locations other thancentral Canada, the cost of attending as a delegate can present afinancial hardship on those must travel great distances to attend.In addition, the high cost of travel may also be a factor in

preventing those who might otherwise wish to participate in thenational convention but cannot due to the expense. The proposedamendment is intended to foster participation and make travelcosts more reasonable.


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8.1 National Council shall be composed of:

8.1.1 four members elected from a province with more than 100 seatsin the House of Commons;

8.1.2 three members elected from a province with 51-100 seats in theHouse of Commons;

8.1.3 two members elected from a province with 26-50 seats in theHouse of Commons;

8.1.4 one member elected from a province with 4-25 seats in theHouse of Commons;

8.1.5 one member elected from each territory;

8.1.6 the Leader;

8.1.7 the Chair of Conservative Fund Canada or his or her designate,in a non-voting capacity; and

8.1.8 the Executive Director or his or her designate, in a non-votingcapacity.

8.1.1 one member shall be elected to the National Council for every10 seats a Province or Territory holds in the House of Commons;

8.1.9 In any event, no province or territory shall have less than oneNational Council member.


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Rationale

This will expand the size of National Council; and make it more fair ademocratic...a better reflection of the population of Canada similar to theadjustments that have been made in the redistribution process.


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Add new section 5.4

8.2.4 That representatives from Ontario for the National Councilbe elected to represent specific geographic regions, each regionhaving approximately the same population.

Rationale

The constitution groups of Toronto Centre and of St. Pauls ask that all

future elections to the national council from the province be for regionallyelected councilors from regions of the province of approximately equalpopulation. The present authorization is for four Ontario councilors electedat large. The analysis on a map of the province which we have drafted isfor five regions, since with the substantial increase in electoral districts inOntario it seems probable that a fifth Ontario councillorship may beauthorized by the national party.

e.g. Toronto, the Golden Horseshow, Eastern Ontario and North &Southwestern Ontario. The representatives need not live in their region butwould be accountable to it. This would also facilitate campaigning forelection as a representative for a smaller region, rather than over the entireprovince.


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13.2.4 the same number of representatives from each province asthe number of members of National Council from that province,selected by the presidents of the electoral district associations ineach province. A majority of EDA Presidents must have castballots for an election to be valid; otherwise, the representative

will be appointed by the National Councilor member(s) inconsultation with the regional party organizer(s) in each province;and

Rationale

Most EDA presidents do not know or have only limited knowledge of theindividuals seeking to be selected as provincial members on the National

Policy Committee. Few EDA Presidents will even bother to vote. NationalCouncilors and regional party organizers know and work with all EDAswithin a particular province. They will know which individuals will beactively involved with and best represent the EDAs on the National PolicyCommittee.


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13.2 The National Policy Committee shall consist of

13.2.4 the same number of representatives from each province asthe number of members of National Council from that province,selected by the presidents of the electoral district associations ineach province, appointed by National Council members in

consultation with the regional party organizer(s) in each province;and

Rationale

Most EDA presidents do not know or have only limited knowledge of theindividuals seeking to be selected as provincial members on the NationalPolicy Committee and the National Constitution Committee. Few EDA

presidents will even bother to vote. National Councilors and regional partyorganizers know and work with all EDAs within a particular province. Theywill know which individuals will be actively involved with and best representthe EDAs on the National Policy Committee and the National ConstitutionCommittee.


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13.7 After every 4th

National convention, the Parliamentary caucus

of the party in cooperation with the National Policy Committee, will

prepare an updated edition of the Policy Declaration for amendment at

the next national convention, subject to the following directions:

13.7.1 The updated edition will be based on the existing

Policy Declaration but will remove redundant items, spent items, anditems that are no longer at issue before Canadians.

13.7.2 The updated edition may not contradict specific

decisions of the previous National Convention.

13.7.3 The updated edition will contain no more than 100

sections.

13.7.3.1 This limitation does not prevent the membersfrom adding sections at subsequent National Conventions.

13.7.4 National Council will circulate the updated edition to all

electoral district association presidents no later than eight months

before the National Convention at which it comes into force. If written

notice of objection from more than 99 electoral district association

presidents has been received by National Council within 30 days of

the edition being distributed to the electoral district associations, it

shall be deemed rejected and the existing Policy Declaration will be

considered still in force.


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Rationale

Once a decade we need a process to go through the Policy book and deal with policy

statements that are 1)redundant, 2) that have become spent because our government has

actually accomplished them, or 3) that are issues that have been overtaken by events and

are no longer at issue.

The truth of the matter is that no EDA actually works hard at removing items from the policy

declaration so it keeps on growing. Also the delegates at conventions tend to read the

resolutions as presented and not to consider whether they are redundant when compared to

existing resolutions. There are currently 128 sections in the Policy Book in categories A to W.

Before the 2005 Convention there were only 96 sections in categories A to T. So we have

added 32 sections and 3 categories in just three conventions.

We now have several overlapping sections in the Policy declaration, see for example the

section on Long Term Energy Framework (38) and the sections on Alternative Energy and

Transitional Fuels (47) and the section on Clean Air and Green House Gas reductions (46). Or

consider the overlap between the section on Tax Relief and the section on Tax Code

Simplification.

We also have several spent sections or sections that are no longer debatable issues. The

Wheat Board is no longer a monopoly. The gun registry is no more. No one talks about theFiscal Imbalance any more. We are not having debates about Mapping Canada's Aquifers.

Ultimately, we need a concise Policy Declaration that a normal Canadian would want to read. It

shouldn't have too many categories and it probably should have fewer than 100 sections.

Updating the policy declaration once a decade seems reasonable.

The process proposed is designed to prevent mischief: The updated edition must be based on

the current edition. The changes wouldn't be allowed to cancel out the effect of votes made at

the previous convention. The document would have to be circulated early and would be subject

to the same constitutional procedures as rules drafted by National Council. Ultimately, the

members would have lots of opportunities to correct any mistakes made by the updatecommittee at the subsequent convention.


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Add new sections 14.1, 14.2 and renumber the rest

14.1 In majority situations a sitting MP must advise the EDA oftheir intention to seek re-election 18 months prior to the electiondate.

14.2. In minority situations a sitting MP must advise the EDA oftheir intention to seek re-election in the next election at leastquarterly.

Rationale

EDAs require a sufficient amount of time to commence and complete athorough candidate search and to arrange and hold a candidate nominationmeeting with members of the EDA.

Additionally, a new candidate must have a reasonable amount of time toconnect with and become known to the constituents in the riding prior to anelection.


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Add new section14.2.1

14.2.1 In the rules set by the National Council for the selection ofcandidates, the candidates must be able to talk and write in theofficial language(s) of the province where they run.

Rationale

Whereas Canada has two official languages.

Whereas each province has an official language, except for New-Brunswick.

Whereas the Conservative Party recognizes the particularities of eachprovince.


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Insert new 14.4

14.4 The rules shall include the provision that to be eligible tovote for a candidate at a nomination meeting the members shallmeet the minimum age criteria for eligibility as set by ElectionsCanada for federal elections.

Rationale

Only those who are eligible to vote for the candidate in the federal electionshould have the right to select the candidate to represent the Party.Eligible voters have a stake in selecting the representative and are oldenough to have felt the personal impact of taxation.

Age restrictions are part of the constitution as it stands now. Why is 14 theminimum age? There are age restrictions for drivers licenses, alcoholconsumption, military service, and voting in elections. Voting is a privilegethat comes with maturity.


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Insert new 14.5

14.5 The rules shall include the provision that to be eligible to votefor a candidate at a nomination meeting the members shall meetthe citizenship criteria for eligibility as set by Elections Canada forfederal elections. Proof of citizenship shall be part of theidentification process.

Rationale

Only those who are eligible to vote for a candidate in a federal electionshould have the right to select the candidate to represent the Party.Eligible voters have a stake in selecting the representative and have beenin the country long enough to have a grasp of the issues. Instantmembership of non eligible federal voters is a growing problem. Peoplewho have not had time to take out citizenship are often influenced bypeople in their own community and are often coerced into joining the Party

to vote for a particular candidate with no knowledge of the issues or thecandidate. Frequently these same people produce membership cards foranother party as they have been victimized in the past and are afraid ofdispleasing their local leaders.


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14.4 Notwithstanding 14.1 or 19.6 in the case where a NationalSelection Committee disallows the candidacy of any person andthat decision is upheld in an appeal to National Council or in areference to the Arbitration Committee, at a meeting called within10 days of such final decision, the members of an ElectoralDistrict Association may reverse or change such decision onapproval of 2/3 of the membership entitled to vote (as at the time

of the decision of the National Selection Committee) at a meetingcalled for that purpose. Notice of the meeting shall be no lessthan 10 days and no more than 15 days. A meeting may becalled by the president of the association or by the secretary uponwritten request of at least 5 directors or 50 members of theElectoral District Association.

Rationale

We feel we must maintain the grass roots principle that our party wasfounded upon. Currently sec.14 says the EDA's choice of a candidate canbe over ruled by national council and the only appeal will be to nationalcouncil. This amendment would give the EDA a final say if they can get 2/3of all eligible members in the entire EDA to show up, and vote, as such at ameeting called for the purpose. Subject to leader of party signingcandidate nomination paper.


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16.2.1 National Council, subject to gaining the support of any fourelectoral district associations from at least two provinces, onapproval of a majority vote of the board of directors ormembership of each of those electoral district associations at aduly constituted meeting of each called for that purpose, subjectto such requirements as may be set out by by-law or the rules andprocedures for the national convention;

Rationale

Level the Playing Field - This amendment will strengthen the relationship ofparty members and our National Council. Furthermore, it will preventunilateral, time-constrained amendments from reaching the floor of theNational Convention. It will reinforce the following Founding Principle: 2.1.4The Conservative Party of Canada will operate in a manner accountable

and responsive to its members.


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16.7 The National Constitution Committee shall consist of:16.7.3 the same number of representatives from each province asthe number of members of National Council from that province,

selected by the presidents of the electoral district associations ineach province, appointed by National Council members inconsultation with the regional party organizer(s) in each province;and

Rationale

Most EDA presidents do not know or have only limited knowledge of theindividuals seeking to be selected as provincial members on the NationalPolicy Committee and the National Constitution Committee. Few EDApresidents will even bother to vote. National Councilors and regional partyorganizers know and work with all EDAs within a particular province. Theywill know which individuals will be actively involved with and best representthe EDAs on the National Policy Committee and the National ConstitutionCommittee.


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16.7.3 the same number of representatives from each province asthe number of members of National Council from that province,selected by the presidents of the electoral district associations ineach province. A majority of EDA Presidents must have castballots for an election to be valid; otherwise, the representativewill be appointed by the National Councilor member(s) inconsultation with the regional party organizer(s) in each province;and

Rationale

Most EDA presidents do not know or have only limited knowledge of theindividuals seeking to be selected as provincial members on the NationalConstitution Committee. Few EDA Presidents will even bother to vote.National Councilors and regional party organizers know and work with allEDAs within a particular province. They will know which individuals will beactively involved with and best represent the EDAs on the NationalConstitution Committee.

CONSTITUTION-FLOOR-RESOLUTIONS-EN.pdf

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