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Old 09-16-2008, 05:32 PM   #42
eajohnson
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I am: Eric J
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Re: Very Important Safety Code Changes

On a technical point I wonder whether the MAAC board of directors even has the authority to make the rule change they have made here. To my understanding, this change would have been made under bylaw 64, which reads:

Quote:
64. (1) The board of directors may prescribe such rules and regulations not inconsistent with
these By-laws relating to the management and operation of the Corporation as they deem
expedient, provided that such rules and regulations shall have force and effect only until the
next annual meeting of the members of the Corporation when they shall be confirmed by
resolution, and failing such confirmation at such annual meeting of members, shall at and
from that time cease to have any force and effect.
The bylaws also state, in bylaw 13(b) that "unless otherwise provided for in these By-laws" every member shall:

Quote:
13 (1) (b) be eligible to compete in any competitions sanctioned by the Association or any
competition sanctioned by any model organization which has a reciprocal agreement with
M.A.A.C. and which is affiliated either directly or indirectly with the Fédération
Aéronautique Internationale (F.A.I.).
It doesn't state that it is a member right to compete in some subset of competitions that have been sanctioned by MAAC, but rather "any" competititions that are sanctioned by FAI affiliate organizations that have reciprocal agreements with MAAC (where by my understanding the decision as to whether the public is invited to spectate is a matter for the host organization).

I would argue that since the new safety rule is inconsistent with bylaw 13, that the board of directors did not have the right to make this change by virtue of the "not inconsistent" provision of bylaw 64 under which I'm assuming this change in regulation is being made.

Comments?

Last edited by eajohnson; 09-16-2008 at 05:59 PM.
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