INTRODUCTION

The following passage was written by Floyd K. Horne, Secretary, in May 1966. It gives a brief history of the founding of the Club and suggests that By-Law changes might be required throughout the years as circumstances change. In the many years since the Club was first formed it has grown and, although the basic objects of the Club have not changed, the By-Laws have evolved into what follows.

On behalf of the Flag Officers, the Committee of Management and the Trustee Committee, the Commodore and I take pleasure in welcoming you into the Dartmouth Yacht Club. Whether you cruise our waters by sail or power, we earnestly hope that you will find many happy hours of yachting enjoyment and warm fellowship in all your associations with the Club.

We think you will find our site and facilities particularly favourable, located as we are on the eastern shore of Halifax Harbour, nestled in a sheltered recess with high land on both sides) historically known as "Wright's Cove", making it ideal for mooring and launching. Our land area compromises approximately five acres, wholly owned by the Club. In addition, we own a large water lot as well as the southern half of a nearby island, commonly known as "Navy Island". The depth of our water lot varies up to thirty-five feet, and thus ample anchorage is assured. We have excellent mooring and marine facilities which each year are continually being augmented and improved.

In comparison to the age of other yacht clubs in proximity to ours, we are a young club. We pen as our origin a meeting held by a small group of boating enthusiasts in March of 1962, at the site of the old Y.M.C.A. - the building on the comer of Ochterloney and Wentworth Streets where now stands the Dartmouth Police Station.. This meeting was held under the auspices of the Dartmouth Chamber of Commerce, and was chaired by Mr Cyril G. Hubley, who was to become the Club's first Commodore. On the 10th day of December l962 we received our Charter, and the name Dartmouth Yacht Club was incorporated as a non-profit organization under Provincial law.
On the 9th day of January, 1963, the Club held its inaugural meeting with the following twenty-five persons named as Charter Members:

Akerley, I.W.........Akerley, Robert H.......Casavechia, Walter J.
Cluett, Alfred T.....Crooke, William H.......Davies, Robert L.
Douglass, Peter......Eisener, Donald D.......Guildford, Alex D.
House, Fonce A.......Horne, Floyd K. ........Hubley, Milton A.
Hubley, Cyril G......Keddy, Clarence E.......Kent, Borden P.
Lahey, J. Walter.....Langille, Walden K......Meredith, James W.
Newport, Harry H.....Nicholl, J. Crawford....Nicholl, Gerald G.Jr.
Sellers,Raymond W....Young, John A...........Zatzman, Joseph

The first Officers of the Club were:

Commodore........ Cyril G. Hubley

Vice Commodore... John A. Young

Rear Commodore... Peter Douglass

Fleet Captain.... Robert L. Davies

Treasurer........ Harry H. Newport

Secretary........ Floyd K. Horne

The first meeting of the Management and Trustee Committees was held at the site of the former Dartmouth Businessmen's Club on Newcastle Street in Dartmouth on the 24th of January, l963.

Even at our very first meeting in March of 1962, the significance of having a Constitution and a set of By-Laws by which to govern the Club's future operations was considered to be of prime importance. In furtherance of this objective the nucleus of what was later to become the Management and Trustee Committee held many meetings throughout the year in an effort to draft and complete our first Constitution and By-Laws. During the course of these meetings we examined the Constitutions of other clubs, some as far away as Boston, trying to glean from all a prototype to our own operations.

One notable addition to our first draft is the inclusion of provisions for Junior Membership. Much of the spirit and wisdom for the incorporation of these junior provisions must go to the untiring efforts of our present Commodore, Mr. Peter Douglass. Without a doubt, the future of any yacht club is dependent on the strength of its junior program. As someone once wisely put it, the future of the future is determined in the present.

We invite you to peruse and study the following pages of this booklet and become familiar with our aims, objects and rules. Of course, because of changing circumstances and events, what may seem workable and proper rules for the present may become cumbersome and improper for the future. And so for this reason, there will be throughout the coming years probably many changes and alterations; but we fervently trust that the basic objects which motivated the early founders of this Club will continue throughout the years as unalterable landmarks.

Floyd K. Horne, Secretary....May, 1966

CONTENTS

INTRODUCTION i

CONTENTS iii

Article 1 - NAME, COMPOSITION and DEFINITIONS 1

Article 2 – MEMORANDUM of ASSOCIATION 2

Article 3 - FINANCE 3

Article 4 - DUES, FEES and INSURANCE 4

Article 5 - MEMBERSHIP and GUESTS 5

Article 6 - DISCIPLINE 8

Article 7 - GENERAL MEETINGS 10

Article 8 - BUSINESS and VOTING at GENERAL MEETINGS 11

Article 9 - OFFICERS, APPOINTEES and STAFF 12

Article 10 - COMMITTEES 13

Article 11 - ELECTION of MANAGEMENT COMMITTEE 15

Article 12 - AMENDMENTS, NOTICES and REPORTS 16

Article 13 - DYC FLAGS 17

Article 14 - SAILING YACHT RACES 18

Article 15 - DISPOSAL of CLUB MATERIAL 19

Article 1

NAME, COMPOSITION and DEFINITIONS

1. This Association shall be known as the DARTMOUTH YACHT CLUB (DYC), and it shall be composed of yacht and boat owners and other persons desiring to encourage amateur yachting and boating.

2. No person who is employed as crew on a yacht owned by a Senior Member shall be a Senior Member of the Club.

3. In these By-Laws, the expression "Yacht Owner" means an owner of a sail or power vessel used exclusively for recreation or pleasure and registered in the Club.

4. Any member who, having paid the assessment for the Charter incorporating the Dartmouth Yacht Club prior to December 31, 1962, shall be known as a Charter Member.

5. In these By-Laws, the Board of Directors is referred to as the "Management Committee".

6. In these By-Laws, the term "Club" includes all owned or leased lands, Club facilities, including the clubhouse and other buildings, vessels, marina, moorings, docks, camber, travelift, vehicles, trailers, etc., unless otherwise specifically exempted.

7. The Club Year begins on the 1st day of November and ceases on the 31st day of October. The Club Year includes the Fiscal Year, the Membership Year, and the Boating Year.

8. In these By-Laws, the following terms have the meanings indicated:

Boat* – A small vessel, e.g. a water-ski boat, dinghy, tender, etc.

Marina* – A specially designed harbour with moorings for pleasure yachts and small boats, e.g. the Club.

Marina System – The docks, including the main trunks and fingers, but not including the service or fuelling docks.

Yacht* – A medium-sized sail or power-driven pleasure vessel equipped for racing or cruising.

* = As defined in the Oxford English Dictionary

Article 2

MEMORANDUM of ASSOCIATION

1. In accordance with the Memorandum of Association (originally known as the Constitution), the Dartmouth Yacht Club is a non-profit organization constituted under the Societies Act of Nova Scotia and managed by a volunteer Management Committee.

2. The primary object or purpose of the Club is to own property and conduct the business pertinent thereto for its satisfactory operation for the benefit of Club members.

3. Other objects or purposes of the Club are: to promote safe yacht and boat operations in this province; to encourage members to become proficient in navigation and the management, control and handling of their yachts or boats; to promote and encourage aquatic sports generally; and facilitate other matters pertaining to recreational seamanship.

4. The Dartmouth Yacht Club will endeavour to make a positive and constructive contribution to the community in which it operates by providing leadership and support for events such as a junior sailing program, regional regattas, and other boating or community-related activities.

Article 3

FINANCE

1. The Fiscal Year of the Club shall commence on the 1st day of November and end on the 31st day of October.

2. All contracts entered into on behalf of the Club shall be with the joint approval of the Management and Trustee Committees. All such contracts, deeds, bills of exchange and/or other encumbering instruments and documents shall be executed by affixing the Club Corporate seal and the signatures of any two members of both the Management and Trustee Committees.

3. All Club borrowing powers shall be exercised only after a special resolution duly authorized at a Club General Meeting, with the approval of the joint Management and Trustee Committees, and then on the joint signatures of any two members of both the Management and Trustee Committees.

Article 4

DUES, FEES and INSURANCE

1. The entrance fee and ‘dues’ relate to membership; other ‘fees’ relate to boating. Rates of dues and fees shall be reviewed annually, and all dues and fees shall be approved by Club members at the Annual General Meeting. A complete schedule of dues and fees, including the consequences of late payment, shall be promulgated immediately after that meeting. The consequences of late payment will be the loss of marina space and seniority on the marina wait list, and a late payment charge being applied.

2. Invoices shall be sent out as follows:

a) Invoices for dues shall be sent out during the first week of November. Invoices must be paid within thirty (30) days from the date shown on the invoice.

b) Invoices for fees shall be sent out on or before the 1st of March. Fees shall be paid by the l5th of April. Any increase in dues approved at the Annual General Meeting will be shown as ‘dues adjustments’ on the invoice for fees.

3. No person shall be entitled to enjoy the privileges of the Club until his or her fees and dues are paid. All dues and fees incurred shall be paid before a member's boat is launched, lifted out of the water or removed from Club properly. Payments shall be applied to arrears before current dues and fees are credited.

4. Liability insurance shall be maintained on all yachts and boats at DYC by their owners in accordance with the following:

a) No boat or yacht shall be retained on DYC premises (land or water) unless proof that Third Party Liability Insurance is in effect is submitted to the DYC office for retention in the boat/yacht owner's file.

b) The Management Committee shall propose a minimum amount of liability insurance for yachts annually for approval by the members at the Annual General Meeting.

Article 5

MEMBERSHIP and GUESTS

1. A person wishing to become a member of DYC must have his or her name proposed in writing by two Senior or Life Members of the Club. An application for membership shall be completed in full and include the applicant’s name, address, and profession/ business/ occupation, and have payment for the applicable entrance fee and dues attached. The application must be posted in the clubhouse for at least fourteen (14) days prior to the meeting of the Management Committee at which the application is to be considered. For the application to be approved, a minimum of seventy-five (75) percent of those present must vote in favour. If the application is rejected, the applicant may not re-apply for one year.

2. Senior Member. A person over the age of nineteen (19) years duly admitted to membership and paying the applicable dues and fees is a Senior Member. The spouse or marital partner of a Senior Member is entitled to enjoy all the privileges of the Club, except that at a Club general meeting there may only be one vote per membership and only one spouse may serve on the Management Committee at one time. In the event of a Senior Member’s marriage/ partnership ending, the person whose name is on the original application retains Senior Member status.

3. Life Member. A Senior Member will become a Life Member effective on the first day of November following the completion of twenty-five consecutive years as Senior Member. A Life Member shall have all the rights and privileges of a Senior Member, but is not required to pay annual dues.

4. Junior Member. On producing a certificate of age, any person between the ages of ten (10) and eighteen (18) years is eligible to become a Junior Member of the Club. The form of proposal, posting and election is the same as for Senior Members. A Junior Member shall not be entitled to vote or hold office and may be restricted to such portions of the Club premises as the Management Committee designates.

5. A Junior Member who has been a member for a minimum of two (2) years may notify the Management Committee of his or her desire to become a Senior Member in writing two weeks before his or her nineteenth (19th) birthday. Unless otherwise advised, he or she shall then become a Senior Member on attaining the age of nineteen (19) years and be liable for the dues and fees applicable to senior membership.

6. Crew Member. The Management Committee may designate any persons over the age of nineteen (19) years who pay the applicable dues as Crew Members so they may use the clubhouse facilities. A Crew Membership includes husband/wife/partner (married or common-law) and his/her/their children under the age of nineteen (19) years. Crew Members are not entitled to attend general meetings, vote, hold office or keep a yacht or boat at the Club

7. Outport Member. The Management Committee may designate a Senior Member who is no longer resident in Nova Scotia but pays the applicable dues as an Outport Member. Every such member shall have all the rights and privileges of a Crew Member, and may enjoy mooring privileges as designated by the Management Committee. Outport Members returning to permanent residence in the area may return to Senior Member status upon payment of the prescribed dues and fees in effect at the time of return.

8. Corporate Membership. The Management Committee may approve a Corporate Membership for any company conducting business in the local area and paying the prescribed dues. Corporate Membership entitles those persons named to the privileges of a Crew Member.

9. Honorary Members. Any Senior Member may nominate a person for honorary membership. An Hon Member is entitled to all the privileges of the Club except voting at general meetings, holding office, and having a vessel on the premises, and is not required to pay annual dues. They may be appointed as follows:

a) Current year - If the Management Committee approves the nomination, he or she becomes an Honorary Member for the current Club year.

b) Life - A person shall become an Honorary Member for Life if first approved by the Management Committee and then by a two-thirds vote in favour at a Club General Meeting.

10. Guests.

a) A member may bring a guest who is a resident of the local area into the Club up to three times in any one year, unless that guest is only using the Club premises to embark on, or disembark from, a member’s yacht.

b) A member may bring a non-area-resident person into the Club as a guest for a period of seven (7) days. On request of the member, the Commodore may extend that period for a maximum period of two (2) weeks.

c) Any crewmember of a visiting, transient, or service yacht may enjoy guest privileges of the Club while the yacht is participating in any Club event or is moored, anchored or secured at the Club.

d) Every member shall be responsible for his or her guest(s)’ safety, conduct and observance of the Club rules while on the premises.

11. Membership in the DYC shall cease upon resignation, non-payment of dues or fees, or death of the member, as follows:

a) On written notice to the Club General Manager, a member may resign at any time between the 1st of November and the 15th of April upon payment of such portion of the annual dues, fees and other outstanding charges as the Management Committee sees fit. Any property of the Club that is in a member's possession must be returned to the Club General Manager before the member may voluntarily resign.

b) A member whose dues or fees are unpaid by the 15th day of April shall cease to be a member of the Club. A Senior Member, having resigned, is not relieved of the fees applicable to his or her boat that remains on Club property after the 15th of April. Such a member may be reinstated upon payment of the dues or fees owed at the time application for reinstatement is made.

c) A member may be expelled from the Club in accordance with Article 6 – DISCIPLINE.

d) Death.

i) If a member dies, his or her surviving spouse or marital partner shall retain membership in the Club provided all applicable dues and fees are paid.

ii) If there is no surviving spouse or marital partner, a paid up member’s yacht may remain on the premises for the remainder of the Club year and for one year thereafter at the member’s rate of dues and fees provided that insurance coverage on the yacht is maintained by the estate. After that time, non-members’ storage fees will apply.

iii) If the estate does not appoint an agent or custodian of the deceased member’s yacht, the Club General Manager should do so in consultation with the executor of the estate.

Article 6

DISCIPLINE

1. If any member breaks any Club By-Law or Regulation, or is guilty of conduct un-becoming a member of the Club, such member may be expelled or suspended from the privileges of the Club by the Management Committee for such period as the Committee determines.

2. The Commodore and/or Vice Commodore have the authority to suspend any member for a period not exceeding thirty (30) calendar days on similar grounds. Such suspension shall be followed up immediately in writing and the member may appeal the suspension in accordance with the following paragraphs.

3. Except as specified in paragraph 2, expulsion or suspension of a member shall be decided at a meeting of the Management Committee. Not less than seven (7) business days prior to a meeting at which expulsion or suspension is to be considered, notice of the complaint against the member must be given to each member of the Committee and to the member concerned by registered mail to the member’s last known address. The member shall have the right to respond to the allegation against him or her in writing a minimum of three (3) business days prior to the Management Committee meeting, and the response must be considered with the written allegation by the Committee. A vote in favour of any expulsion or suspension must be by a two-thirds majority of those present at the meeting. Immediately following the meeting, notice of the decision shall be sent to the member by registered mail to his or her last known address, or, with the member’s consent, by email.

4. Any expelled or suspended member may appeal the Management Committee decision in person by advising the Club General Manager within fourteen (14) calendar days of receiving notice of the expulsion or suspension. Upon being advised of an appeal, the Commodore is to call a special meeting of the Management Committee and Trustees to hear the case within 30 calendar days of being notified of the appeal. The vote at any such meeting of the Management Committee and Trustees shall be by secret ballot. If two-thirds of the members of the Management Committee and Trustees present vote to reverse the previous decision, the member shall be restored to the previously held member status at once. Until such reversal, the expelled or suspended member shall not be permitted to enjoy any member privileges except to attend his or her yacht.

5. If the Management Committee and Trustees’ decision does not satisfy the expelled or suspended member, he or she may make a final appeal to the General Membership at a Special Meeting of the Club, in accordance with Article 7, paragraphs 3 and 4 by advising the General Manager within fourteen (14) calendar days of the meeting at which the expulsion or suspension was upheld by the Management Committee and Trustees. The General Manager will advise the Commodore who shall call the special meeting within the following fourteen (14) calendar days to finally settle the matter.

6. The vote at any such meeting of the General Membership shall be by secret ballot. If two-thirds of the members present vote to reverse the previous decision, the member shall be restored to the previously held member status at once.

7. The Management Committee shall have the suspended member's original seniority date adjusted by the number of calendar days the member is suspended and advise the member of the new seniority date. If a member is expelled, and successfully re-applies at a later date, seniority will be set to zero and the member will start as if new to the Club.

8. Any expulsion or suspension does not relieve the member concerned from the payment of any dues, fees or other debt due to the Club. Any member so expelled shall not be entitled to be re-admitted as a member of the Club for a period of one (1) year after the date of the expulsion.

Article 7

GENERAL MEETINGS

1. There shall be three regular general meetings of the Club per year to be held as follows:

a) The FIRST, known as the Annual General Meeting, shall be held during the last fourteen (14) days of January. At that meeting the Treasurer shall present the audited financial statements from the previous fiscal year and nominate an Auditor for the current year. The Management Committee shall present the proposed schedule of Dues and Fees, a budget for the current fiscal year and the proposed minimum amount of boat/ yacht liability insurance for approval. The members will appoint the Auditor for the current Club Year.

b) The SECOND, known as the Spring Meeting, shall be held during the last ten (10) days of May. At that meeting the Management Committee will present details of projects and programs to be undertaken, and the Race Committee is to present the proposed races, courses and prizes for the year.

c) The THIRD, known as the Fall Meeting, shall be held during the last ten (10) days of October. At that meeting a financial statement and committee reports for the preceding year shall be presented. The members of the Management Committee shall be elected, and the Trustees and Secretary appointed, to take office on the 1st day of November following the meeting.

2. If the Commodore or Chair of any Club meeting considers it inadvisable to hold any regular meeting because of weather conditions or other circumstances, he or she may reschedule it by giving proper notice to all members entitled to attend as early as possible before the scheduled meeting time.

3. A Special General Meeting of the Club may be called by the Commodore whenever necessary, or when requested to do so by the Management Committee, or by a written request stating the purpose of such meeting and signed by at least ten (10) Senior or Life members. If the Commodore fails to call a special meeting when requested, the members requesting it may call a meeting themselves. A minimum of seven (7) days notice is required to call a Special General Meeting.

4. For all Club general meetings and Special General Meetings, a minimum of seven (7) days before the meeting, written notice, including the proposed agenda, shall be sent to all those entitled to attend by email or, at a member’s request, by regular mail. In addition, minutes of the previous meeting (marked ‘Draft’) and any information that will be discussed at the meeting (e.g. Committee reports, motions, nominations, new policies, financial statements, proposed dues, fees, and budget) should be sent to members by e-mail, or made available for pick-up at the DYC office, or mailed at the member’s request. At these meetings only business specified in the notice and proposed agenda shall be discussed unless fifty percent (50%) plus 1 of those present vote in favour of adding new business to the agenda at the beginning of the meeting.

5. Ten percent of the Senior or Life Members of the Club shall constitute a quorum at Club general meetings and Special General Meetings. Proxy votes are not permitted at Club General or Special Meetings.

Article 8

BUSINESS and VOTING at GENERAL MEETINGS

1. All Club meetings shall be conducted in accordance with the rules and procedures in CALL TO ORDER, Meeting Rules and Procedures for Non-Profit Organizations, by Herb Perry (ISBN 0-9691683-0-6) © Big Bay Publishing Inc.

2. On matters that deal exclusively with yachts, only those Senior and Life Members owning a yacht registered at the Club may vote. On any other question every Senior and Life Member shall be entitled to vote, except as is otherwise provided in these By-Laws. A Senior or Life Member has only one vote, regardless of the number of boats he or she owns.

3. A notice of motion shall be considered as introducing the whole subject to which the notice relates, and when that subject comes up for discussion any amendments to the motion may be proposed. If the Chairman of the meeting rules that an amendment to a motion so materially alters the scope of the notice that a postponement of the discussion is advisable, he may adjourn the consideration thereof until the next meeting.

4. When a motion has been defeated, no further motion to the same effect shall be introduced again in that Club year.

5. The order of business at all regular Club meetings shall be:

i) Approval of agenda (additions to or deletions from proposed)

ii) Minutes of previous meeting

iii) Committee reports

iv) Unfinished business

v) Motions

vi) New business (added to agenda at start of meeting)

vii) Elections, if applicable

Article 9

OFFICERS, APPOINTEES and STAFF

1. The Club Officers are: the Commodore, Vice Commodore, Rear Commodore, Fleet Captains, and Treasurer. The Flag Officers are the Commodore, Vice Commodore, and Rear Commodore.

2. The Commodore shall control the operation of the Club, chair all Trustee Committee, Management Committee and General Meetings, enforce the Club By-Laws and regulations, ensure that the Club operates efficiently and effectively, and promote the Club's interests. In accordance with the NS Societies Act, Art. 7, the Commodore is the Recognized Agent for the Club, and for Art. 17, the Club office shall be the Registered Office.

3. The Vice Commodore shall assist the Commodore in the discharge of his or her duties and, in the Commodore’s absence or inability to act, take his or her place.

4. The Rear Commodore shall assist the Commodore and Vice Commodore in the performance of their duties, and, in their absence, act in their stead. The Rear Commodore shall ensure that activities related to the Club's sail racing program, regattas, and other activities specifically related to sailing are carried out.

5. The Fleet Captains shall be comprised of a Fleet Captain Power and a Fleet Captain Sail, and they shall assist the Flag Officers in the performance of their duties. The Commodore may delegate specific responsibilities with respect to the operation of the club to the Fleet Captains.

6. The Treasurer/Corporate Secretary is the Chief Financial Officer of the Club. As such, he/she shall oversee the accounting of all Club monies received and dispersed. The Treasurer, in consultation with the Management Committee, shall ensure that an annual budget is prepared, and, with the Club's auditors, produce the annual audited financial statements for the AGM. He/she shall also supervise the preparation of balance sheets and income and expense statements, advise the Management Committee on investment, loan, and insurance matters, nominate auditors, and ensure reports required by the Societies Act are submitted in a timely manner. He/she may delegate these tasks to the Club General Manager and/or office staff as deemed appropriate.

7. Three Trustees shall be appointed by the Commodore for a term of three years with one new Trustee being appointed (or reappointed) each year. If any Trustee resigns before his or her term is completed, the Commodore shall appoint a replacement Club member to serve for the unexpired term of the resigning Trustee.

8. A Recording Secretary shall be appointed by the Management Committee to record and maintain minutes of all General and Management Committee meetings. The Secretary shall be a Club member, and an ex-officio, non-voting member of the Management Committee.

9. The General Manager is a paid employee who is responsible to the Commodore and Vice Commodore for the efficient operation and administration of the Club in general. The General Manager shall supervise all other DYC employees. The Commodore or Vice Commodore may delegate responsibility and authority to the General Manager as deemed necessary to effectively conduct Club business and activities.

Article 10

COMMITTEES

1. The Management Committee is to consist of the Flag Officers, Treasurer, Fleet Captains, and four (4) other members. Of those, at least five must be yacht owners. The Committee shall also include an appointed, non-voting secretary. Past Commodores and Trustees who are Club members are invited to attend all meetings of the Management Committee and take part in discussions, but shall not be entitled to vote thereon. All positions on the Management Committee are voluntary positions, hence there is no remuneration.

2. The Management Committee shall be responsible for the general management and supervision of Club affairs. It shall meet as often as is required for the conduct of business. Five members, including at least one Flag Officer, shall constitute a quorum.

3. The Management Committee may appoint sub-committees and delegate to them such of its responsibilities as it deems appropriate, provided that no sub-committee will have the authority to spend money without the permission of the Management Committee. At least one member of any such sub-committee must be a member of the Management Committee.

4. The Management Committee may employ or appoint staff and assign their duties, consistent with these By-Laws and Club Regulations, as are deemed necessary to carry out Club operations, business and activities.

5. The Management Committee may issue policies and regulations for the efficient, effective and safe management, administration and operation of the Club.

6. The Race Committee is to be comprised of the Rear Commodore, who will act as Chair, the Fleet Captain Sail, who will act as Vice Chair, the Director of Sail Training, and five other members, or more as the Chair deems necessary. The committee members shall choose one member of the committee to be a Recording Secretary who shall record and maintain minutes of all committee meetings. Four members of the Race Committee shall constitute a quorum.

7. The Race Committee’s primary responsibilities are the conduct and management of Club sailing races, including the definition of courses and time limits, appointment of Officers for each race, allotment of trophies, and all matters pertaining to Club sailing yacht racing.

8. The Race Committee shall submit a draft season sail racing schedule to the Rear Commodore for Management Committee approval at least two weeks before the Spring Meeting. When that draft is amended, if necessary, and approved by the Management Committee, it shall be presented to the Club members at the Spring Meeting. When amended again, if necessary, and approved by the Club members, it shall constitute the racing program for the season. The Race Committee or Rear Commodore shall have the authority to alter, postpone or add to any part of the program when deemed necessary.

9. The Race Committee shall exercise direction over all races and yachts sailing therein, and all entries shall be subject to its approval. It shall control all matters connected with Club races, except as otherwise provided, and any race-related doubt, question or dispute that arises shall be subject to its decision. Such decisions shall be based on the racing rules and regulations adopted by the Club, the Collision Regulations, fair sailing and superior speed and skill. A decision of the Race Committee shall be final unless, on the application of any person interested or otherwise, it elects to refer a question to the Canadian Yachting Association. No member of the Race Committee shall take part in any discussion of a dispute in which he or she has an interest.

10. If any trophy or prize is not awarded for any reason, the Race Committee may decide how such trophy or prize shall be awarded, subject to paragraph 15, following.

11. On request of Club member sailing-yacht owners who are sailing private races, the Race Committee may arrange to have those races started and timed, and the results recorded in the Club books, at Club expense.

12 At the close of the season the Race Committee is to prepare and submit a report containing the results of the season's racing to the Rear Commodore.

13. The Trustee Committee shall be comprised of the Trustees and Flag Officers and chaired by the Commodore. The committee members shall elect one of themselves to be a Recording Secretary who shall record and maintain minutes of all Committee meetings.

14. The Trustee Committee is to meet as often as is required by the Commodore, or by any three of its members, and four members thereof shall constitute a quorum.

15. The Trustee Committee is to be responsible for the safekeeping of all Club trophies and other articles of intrinsic and/or historical value, and ensure that any trophy presented to the Club is awarded in accordance with the terms of the Deed of Gift for the trophy.

16. The Corporate seal of the Club shall be entrusted to the Trustee Committee who shall be responsible for its safe keeping.

Article 11

ELECTION of MANAGEMENT COMMITTEE

1. A minimum of two (2) weeks prior to the Fall General Meeting the Nominating Committee, consisting of the three Trustees, shall post a list of nominees for Flag Officers and other members of the Management Committee in the clubhouse. The list is also to be included with the agenda and the Notice of Meeting sent by email to all members.

2. At the meeting, if nominations for any of the Flag Officers or other Management Committee positions are made from the floor, those positions shall be filled by election, which shall be by secret ballot.

3. A member may be nominated for the position of Commodore only if that member has a minimum of two (2) years’ experience on the DYC Management Committee. Similarly, a member may only be nominated for the position of Vice Commodore if he or she has one (1) year’s experience on the Management Committee.

4. Persons whose names appear on the Nominating Committee slate are considered to have accepted the nomination and are not required to be in attendance during election. Any person nominated from the floor and not present must have submitted a letter stating that he or she accepts the nomination , and if elected, will serve on the Management Committee.

5. If the nominee for any position is not contested, he or she shall be declared elected. In the case of two or more ballots being required, the candidate's name receiving the lowest number of votes shall be dropped at each succeeding ballot. In case of a tie vote, the Chair shall cast a deciding vote.

6. The newly elected Management Committee members shall assume their respective duties on the November 1st following their election.

7. Removal of an elected Management Committee member may occur either as a result of a resignation or for cause. The Commodore will determine if the removal for cause is justified. If a vacancy in the Management Committee occurs between elections, the Trustees shall appoint a Club member as a replacement for the remainder of the term.

8. If any member of the Management Committee, or any subcommittee, is absent from three consecutive meetings of the committee without a satisfactory reason, he or she shall cease to be a member of the Committee or subcommittee, and must be notified to that effect.

Article 12

AMENDMENTS, NOTICES and REPORTS

1. Any repeal of, or amendment or addition to any provision contained in these By-Laws, must be made by a special resolution approved at a General Meeting in accordance with the NS Societies Act, Sect 2, 21 and 22. Such special resolution must be authenticated by a director/ member of the Management Committee and filed with the Registrar of Joint Stock Companies within fourteen (14) days of the meeting at which it was passed, and is effective only upon approval of the Registrar.

2. In accordance with the NS Societies Act, Sect 19 and 22, a statement in the form of a balance sheet showing general particulars of the Club’s assets and liabilities, a statement of its income and expenditures in the preceding year, audited and signed by its auditor, or, if there is no auditor, by two directors, must be filed with the Registrar of Joint Stock Companies within fourteen (14) days after the Annual General Meeting at which the statements are presented.

3. In accordance with the NS Societies Act, Sect 20 and 22, a list of Directors, with their addresses, occupations and dates of appointment or election, must be authenticated by a director/ member of the Management Committee and filed with the Registrar of Joint Stock Companies within fourteen (14) days of a change of directors.

4. In the case of any proposed repeal, addition or amendment to these By-Laws, except as hereinafter provided, a notice of the same in writing must be given at the meeting immediately before the one at which it shall be voted upon, and a copy of the notice shall be included with the notice of both meetings.

5. A notice of a proposed repeal, addition or amendment to these By-Laws given by, or on behalf of, the Management Committee by insertion in the notice of meeting, shall have the same effect as a notice given by a member at the preceding meeting.

6. Any notice required by these By-Laws to be sent to any member may be given by email or, at the request of a member, by postage paid letter addressed to the members’ last known address as shown on the register of members.

7. The books and records of the Club may be inspected by members in the Club office by appointment during regular office hours as published.

Article 13

DYC FLAGS

1. The Club burgee shall be a pennant measuring twelve (12) inches wide at the hoist and eighteen (18) inches long from hoist to fly. It shall have a green triangle from the hoist to a centre point nine inches towards the fly, a white four (4)-inch, five-pointed star centred thereon, a white band one (l) inch wide from the centre point to the tip of the fly, and the remaining top and bottom triangles shall be orange. (See below.)

2. There shall also be a large Club burgee measuring thirty-six (36) inches from hoist to fly, and proportioned as above.

3. The Commodore's flag shall be the Club burgee, but swallow-tailed, with three small white stars, one in each corner of the green triangle.

4. The Past Commodore’s flag shall be a similar swallow-tailed burgee with three small white stars along the hoist and a small white anchor at the fly side of the green triangle.

5. The Vice Commodore's flag shall be a similar swallow-tailed burgee, with two small white stars, one in the upper and lower two corners of the green triangle.

6. The Rear Commodore's flag shall be a similar swallow-tailed burgee, with one small white star in the apex of the green triangle.

7. The Fleet Captains' flags shall be similar swallow-tailed burgees, with one small white anchor in the apex of the green triangle.

8. The colours are described as chrome green, clear white, and orange consisting of two parts chrome yellow and one part crimson red.

Article 14

SAILING YACHT RACES

1. All sailing yacht races and awarding of trophies shall be subject to the rules of the Canadian Yachting Association, except where such rules are contrary to any rule of the Club or Race Committee, or to any of the provisions herein.

2. Prior to participating in a Club race, all sailing yacht owners shall furnish the name and description of the yacht and its equipment, flag and yacht club affiliation to the Rear Commodore or his or her designated race official.

3. Every sailing yacht owner requiring a measurement of his or her yacht must take the yacht to any place designated at the date and time specified by the measurer for the measurement.

Article 15

DISPOSAL of CLUB MATERIAL

1. All material owned by the Club is considered part of the Club’s assets, and therefore part of the collateral on Club loans. As such, any item with an estimated value in excess of an amount to be specified by the Management Committee must be reported to any institution holding Club assets as collateral, before being advertised for sale.

2. After such notice has been given to Club creditors, any item that the Management Committee deems surplus to Club requirements may be sold as follows. The item shall be advertised in a general email notice, on the Club notice board, and on the Club’s web site for a minimum of two weeks before its disposal. Sealed bids for the item will be accepted in the Club office and annotated with the date and time of receipt, and will be opened a minimum of two weeks after the date of the advertisement.

3. In the event of two or more bids having the same price offer, the earliest bid shall prevail. Each item may be subject to a minimum reserve price being set by the Management Committee before the item is advertised for sale.