Harness Racing B.C. Society (the “Society”) will hold a Special General Meeting on Monday, November 8th, 2021. The Meeting will start at 6:00 PM, and due to public health orders be held using Zoom. Please attend the Virtual Meeting! Information about how to attend will be included in the notice being sent later this week. You must be a current active member in good standing to attend and vote at the Meeting. A roll call will be taken at the start of the meeting. On July 19th, the Board of Directors stated that it would hold a Special General Meeting later in 2021. The only business to be conducted will be:
- A report from the Board and management of the Society with regard to activities and developments since the Annual General Meeting.
- Financial statements for the fiscal year to date.
- Questions and discussion relating to #1 and #2.
- A special resolution proposed by some members.
Petitions
In early September, several petitions (the “Petitions”) pursuant to the Societies Act (the “Act”) were delivered to the Society’s office. Overall, the petitions demanded that:
A. At that meeting, the items listed in #1, #2 and #3 above be discussed.
B. At that meeting, a special resolution to dismiss and replace Kelly MacMillan, Lynda Atkinson and Donna Scrannage as directors be debated and voted on.
As the Board had already notified the members that a Special General Meeting would be held in November, A and B were unnecessary. (The Special General Meeting has been called in accordance with the timeline set out in the Act.)
There are significant flaws in the Petitions, in terms of clarity and compliance with the Act. For example:
- It is not clear which members signed which Petitions. Many members say they signed a Petition requesting only a Special General Meeting, and did not sign anything relating to a special resolution to dismiss the executive.
- Some of those signing were not current members of the Society.
- Some ‘signatures’ were by someone purporting to sign on behalf of a member. (Signatures must be original.)
- Some signatures, names, and information are illegible.
- Signature pages were not always part of or attached to a Petition.
Under the Act, 10% of the voting members (about 25) must sign a Petition to be valid. There can be multiple Petitions, with attached signature pages. All Petitions must have the same wording, and include original signatures, with names clearly spelt so that they can be verified. It is the responsibility of those submitting a Petition to ensure that it complies with the Act’s requirements.
It appears that more than 10% of the members signed a Petition of some kind. A Special General Meeting was going to be held in any case. 10% or more may have signed a Petition demanding a special resolution to dismiss and replace the executive. Given this uncertainty, the special resolution will be debated and voted on at the Special General Meeting. Its wording:
“Resolved as a special resolution that Kelly McMillan, Lynda Atkinson, and Donna Scrannage be dismissed as directors, and that the remaining directors appoint qualified members to fill the vacancies until the 2022 annual general meeting.”
The instigators of the Petitions have the right to present a 200 word statement in support of the special resolution. The statement accompanying the Petitions appears to be well over 700 words, much of it opinion. Should the instigators provide a statement of fewer than 200 words before the Meeting, the Society will forward it to the members.