CONSTITUTION OF
THE CLAN MACNEIL IN CANADA
(Revised 2021)
ARTICLE 1: NAME
The Association shall be called “Clan MacNeil in Canada” an unincorporated, not-for-profit
association.
ARTICLE 2: PATRON
The patron of the Association is the Chief of Clan MacNeil. The elected President or delegate
shall be the Association’s official representative.
ARTICLE 3: OBJECTIVES
The objectives of the Association shall be:
a) To inform members and the public of the history, traditions, and culture of the MacNeils and
of the present-day life of MacNeils in Canada and in Europe in regions where the Clan
originates;
b) To encourage and promote friendly relations with other Clan Associations;
c) To provide social and cultural activities for our members and encourage participation
at Highland Games;
d) The collection and preservation of records and traditions relating to the history and genealogy
of the Clan;
e) Any other objectives that the Association may from time to time determine.
ARTICLE 4: MEMBERSHIP
Membership Types
a) Full Membership - (with voting rights) (Family, Individual, Senior) - Will be a full paying
member and can be a person or the spouse of any person named or descended from a person
named MacNeil, in any of its various forms or spellings, or with any of the Sept names of The
Clan MacNeil. The Association shall recognize the following forms, spellings and Sept names,
with the MacNeil, Mc or O’ prefix being equally acceptable:
MacGougan, MacNeil, Neil, MacGrail, MacNeill, Neill, MacGugian, MacNelly, Neilson,
MacNeal, Neal, Niel, MacNeale, Neale, Nielson, MacNeilage and so forth.
b) Honorary Membership - (without voting rights) may be offered to:
i) Persons who have rendered special services to Clan MacNeil in Canada.
ii) Persons who have distinguished themselves in affairs impacting on MacNeils and Scottish
culture around the world.
c) Free Membership - (with voting rights) may be offered to:
i) All members 90 years and over
ii) Members for compassionate reasons, granted by the Executive Council.
Rights of Members 18 years or older
a) Any full member in good standing shall be eligible for elective and appointive office and shall
have full voting privileges. (See Article 7 on Elections)
b) Any honorary member, in good standing, shall be entitled to attend all meetings and speak to
any subject, but will not be able to hold elective office or vote. They are entitled to work on
committees and hold appointive office at the discretion of the President.
c) Access to a copy of the most recent Constitution upon request.
d) Access to our Annual Financial Report upon request.
Fees
Categories of Members will be as follows:
a) Family members – all individuals in the same family all living at the same address, including
spouses/common law partners and all children (full payment)
b) Individual members (full payment)
c) Seniors - 65 and over (reduced payment)
d) Honorary members and those 90 or older (no annual fee required)
Fees will be due and payable by January 1st of each year. All applications for membership must
be accompanied by the yearly fee as set by the Executive Council.
ARTICLE 5: COUNCIL & OFFICERS
a) The affairs of the Association shall be managed by an Executive Council, acting as a board of
directors, consisting of up to nine elected members, including the President of the Association
acting as Chairperson.
b) Ex-officio members of the Executive Council (non-voting) include The Chief of Clan
MacNeil, and past presidents who are willing to serve.
c) Executive Council members are elected for two (2) years
d) Business of the Executive Council may be transacted by correspondence, or at meetings held
in person, virtually or by telephone.
e) The Executive Council shall provide for annual review of the By-Laws and Constitution as
required.
OFFICERS
a) The current officers of the Association will be listed in the official publication of the Clan
MacNeil in Canada newsletter and website.
b) Elected Officers: Serving a two-year term subject to election or reelection at the
Annual General Meeting are as follows: President, Vice President, Secretary, Treasurer
& Directors (5).
c) Past President (Ex-officio)
d) Appointed Officers (Ex-officio): All other officers including Webmaster, Membership,
Chaplain, Genealogist, Bard and other titles as required, as recommended by the President and
approved by the Executive Council for appointment, such officers serving at the pleasure of the
Executive Council.
e) All Officers and Executive Council Members are subject to removal for cause, through due
process which includes an opportunity for a hearing and majority vote of the Executive Council.
The Executive Council may declare any position vacant if the incumbent misses three
consecutive meetings and having failed to provide an explanation satisfactory to the Executive
Council.
f) All Executive Council Members will have job descriptions on file with the Secretary.
g) Elected Officer Vacancies: Should any elected office fall vacant due to resignation, illness or
failure to perform the duties to the satisfaction of the Executive Council; the Executive Council
can identify and confirm a replacement to serve out the remainder of the term, until time of
elections at the AGM. First consideration shall be given to current officers, or members of the
Executive Council, and thereafter, any of the Association’s members who are in good standing.
h) The officers will perform the duties set forth in the By-Laws. No person shall hold more than
one office unless required & approved by the Executive Council.
i) Each committee, as set forth in the By-Laws, shall have a chairperson (elected Executive
Council member) who will be appointed by the President. If a Committee’s chairperson is not an
elected member of the Executive Council, he or she may, with the approval of the President,
attend Executive Council meetings, but will not have a vote.
ARTICLE 6: EXECUTIVE COUNCIL MEETINGS
The Executive Council meetings shall be called by the President, who will table a formal agenda
to guide discussion to transact such business at least quarterly or as new business may arise.
a) The Annual General Meeting, time and place, are designated by the Executive Council and
announced by the President, with notice and agenda publishedsa on our website and sent by
email thirty days in advance of the AGM to our membership.
Commented [1]: Should we add at Large
Commented [2]: Does the agenda need to go out 30
days in advance
b) Special meetings may be called by the President or the Executive Council, reasonable notice
being given and the subject for consideration announced.
c) Voting members are members over 18 years of age, in good standing.
d) Five members of the Executive Council present or online shall constitute a quorum.
ARTICLE 7: NOMINATIONS AND ELECTIONS
a) Prior to September 1st of each year a Nominations and Elections Committee shall be selected
as follows: The Chairperson & 2 members (if possible) to be appointed by the President.
b) The Nominations and Elections Committee shall meet and prepare a slate of recommended
officers and directors for the coming term.
c) The recommended slate shall be made available to all members in good standing no later than
two weeks prior to the Annual General Meeting electronically if possible.
d) Any member wishing to make additional nominations may do so by emailing or calling the
Chairperson of the Nominations and Elections Committee at least two weeks prior to the Annual
General Meeting.
e) The Chairperson of the Nominations and Elections Committee shall ensure that all persons
nominated have been appropriately vetted and have indicated a willingness to serve if elected.
f) During the Annual General Meeting the election of officers and directors shall be conducted
by the Chairperson of the Nomination and Election Committee or a person designated by the
President (e.g. Past-President).
ARTICLE 8: FINANCE
1. The Executive Council shall be responsible for receipts and disbursements pertaining to the
association’s financial affairs. In all instances, the Treasurer is charged to track and report the
financial transactions of the association and must be promptly informed of any pending
transaction.
2. Two members of the Executive Council, as determined by the Executive Council and duly
enacted in By-law shall possess bank signing authority. These 2 Executive Council members
should consist of the President and the Treasurer unless the 2 offices are held by 1 party or
should the President or Treasurer be unable to fulfill their duties to the office. In such instances
an appropriate and temporary By-law amendment is to be adopted.
3. All expenses shall be paid by an appropriate signing officer as set out above. All expenses
require the documented approval of 2 members of the Executive Council inclusive of the
President, Vice President, Secretary, and Treasurer. No Council member can give expense
approval for payment or reimbursement of any funds due to them.
4. The funds of the Association will be held in a Bank or Credit Union with a national presence.
Signing authority may be set up as 1 signature to sign, however, all processes as set out above
Commented [3]: Should we consider having the four
positions listed in item 3 on the bank account?
must be followed and all business conducted with the Association’s funds and bank account must
be strictly and directly for the sole purpose of the Association.
5. The Treasurer is to provide the Executive Council with a financial report including a statement
of income and expense, balance sheet reconciling the bank statement 30 days after the end of the
fiscal year, and shall provide an interim report 30 days prior to the Annual General Meeting.
6. The fiscal year of the organization will be from Jan 1st to December 31st.
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ARTICLE 9: AMENDMENTS TO THE CONSTITUTION AND BY-LAWS
a) The Constitution may be amended by two thirds vote of the members present in person or
online, at any general meeting, provided the secretary has sent a copy of such motion for
amendment to all members at least two weeks prior to the meeting.
b) If, in the opinion of the President or Council, constitutional changes are urgently needed, the
ballot may be taken by email, with a 2/3 vote of ballots returned being required for approval.
c) By-Laws may be amended by a majority of voting directors present in person, virtually or by
proxy (email) at a regular meeting provided the Secretary shall have sent a copy of such motion
to the directors at least two weeks prior to the regular meeting.
ARTICLE 10: RULES OF ORDER
a) Agenda items will be discussed in a structured way prior to a decision.
b) Whenever possible, decisions will be made by consensus. If consensus cannot be reached, the
decision will be delayed until the following meeting, which must occur within 30 days. If at that
time consensus cannot be reached, a majority vote (50 + 1) will be required of those Board
Members present.
c) Decisions and recommendations will be recorded in the meeting minutes.
ARTICLE 11: WINDING UP
In the event of the winding up or dissolution of the Association, all available funds and assets
may be transferred to one or more associations or societies having objectives reasonably similar
to those of the Association. Recommendations for the dissolution of the Association, and
disposal of its assets, are to be put forward by the Executive Council for confirmation by the
Association’s membership.
Commented [4]: was president of do we want it to be
or
BY-LAWS OF CLAN MacNEIL IN CANADA
REVISED 2020
BY-LAW 1 - MEETINGS OR GATHERINGS
There will be at least two planned events during the annual year.
a) The Annual General Meeting.
b) A Clan Gathering (could be held in conjunction with a Highland Games or as a virtual event.
BY-LAW 2 - OFFICERS
a) PRESIDENT - shall preside at all meetings of the Association and of the Executive Council,
and shall perform the duties pertaining to such office. With the exception of the Nominations and
Elections Committee, the President may be an ex-officio member of all committees, and shall
receive notice & minutes of all meetings. The President will have a record of all Clan MacNeil in
Canada members.
b) VICE-PRESIDENT – shall assist the President, and in the absence of the President, preside
and perform the duties of the President. The Vice-President shall also convene such committees
as the President may designate.
c) IMMEDIATE PAST-PRESIDENT – (Ex-officio) shall convene such committees as The
President may designate, and generally assist and advise all Executive Council members as
requested.
d) SECRETARY – shall keep a true and accurate record of all proceedings of the association
and of the Executive Council meetings, which shall become a permanent record of the
association. The Secretary shall take care of correspondence as requested. Will keep an updated
record of officers & directors roles descriptions.
e) TREASURER - shall monitor all monies of the association, including committee funds, and
provide an accounting of all receipts and disbursements to the Executive Council. The Treasurer
will collaborate with the Membership Director to keep an accurate list of membership payments.
F) DIRECTORS AT LARGE - will represent the Association and perform duties as assigned.
BY-LAW 3 - COMMITTEES - must be members in good standing
a) SOCIAL COMMITTEE – shall be responsible for all organized social activities, including
Clan MacNeil’s presence at Highland Games and other events linked to our objectives.
b) COMMUNICATIONS COMMITTEE – shall be responsible for all association’s publicity
and maintain a visual record of such publicity. This committee shall be responsible for issuing
the Clan MacNeil in Canada Newsletter and shall be responsible for the Association’s website &
social media presence.
Commented [5]: Let’s look at all the words used...shall
and will
Commented [6]: Are we using this term? Needs to be
in other section 5 officers b
c) GENEALOGY AND HISTORICAL RESEARCH COMMITTEE shall receive, research
and record historical data for the Clan MacNeil.
d) OTHER - ad hoc committees as needed
BY-LAW 4 – BY-LAW AMENDMENTS
By-Laws may be amended by a majority of voting directors, present in person or virtually or by
proxy (email), at a regular meeting provided the Secretary shall have sent a copy of such motion
to the directors at least two weeks prior to the regular meeting.
BY-LAW 5 – BANK SIGNING AUTHORITY
As per Article 8 Finance, bank signing authority shall be granted to the President and the
Treasurer as the two signatures, with one to sign.