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18.
ENFORCEMENT AND INTERPRETATION OF THE CONSTITUTION
(a) The Leader and National
Council shall uphold and enforce the provisions of this Constitution.
(b) Between National Conventions, National Council shall be the final
authority on the interpretation of this Constitution. In interpreting
this Constitution, any conflict between or any ambiguity in its terms
shall be resolved by giving preference to the provision or
interpretation which best reflects the Objectives and Principles set out
in "Article 1 - Name and Principles" and Schedule A,
respectively.
(c) This Constitution governs the affairs of the Alliance and, in the
event of any conflict between this Constitution and any other Alliance
or Constituency Association document, this Constitution shall prevail.
If there is a conflict between this Constitution and any policy passed
by a National Convention or by referenda, this Constitution shall
prevail and such policy shall be deemed null and void.
(d) All matters not specifically covered in this Constitution are within
the purview of National Council, governing in the capacity of National
Council to act with full authority, subject to subsequent ratification
or nullification by the membership.
19. SCRUTINEERS
Any nominee or candidate for
elected office within the Alliance may appoint a scrutineer for the
purposes of that election. National Council will ensure the presence of
scrutineers for the counting of ballots in a referendum.
20. NOTICE
For all matters requiring
notice under this Constitution:
(a) Notices may be given in one or more of the following ways with the
effective date indicated:
(i) by regular mail, effective three (3) days after the later of the
date of the postmark or with appropriate documentation, the date of the
delivery to the post office;
(ii) by facsimile, appropriate telephonic or computer technology,
effective on the date of transmission;
(iii) by personal delivery, effective on the date of delivery to the
recipient;
(iv) by bulk mail, effective five (5) days after the date of delivery to
the post office; and,
(v) by courier, effective one (1) day after the date of delivery to the
courier.
(b) Notices to the Alliance, or National Council, or to the Secretary of
the Alliance, shall be addressed to the National Office of the Alliance
and marked to the attention of the appropriate person or body;
(c) Notices to a Member shall be sent to the Member's address according
to the most recent Alliance records;
(d) Notices to Constituency Associations shall be addressed to the
Association's President, Secretary or other Executive Officer designated
by the Association, in writing, to National Office.
(e) Any notice required by this Constitution shall be deemed given if
reasonable compliance has been achieved and no material prejudice has
resulted.
21. PROVINCIAL PARTIES
(a) The Alliance will not establish Provincial Parties.
22. TRANSITIONAL PROVISIONS
(a) The intention of the
Canadian Reform Conservative Alliance is to unite Canadians and elect a
government that is responsive to the wishes of the electorate. To this
end the Canadian Reform Conservative Alliance will not field any
candidates until such time at least one existing registered federal
political party chooses to combine, by adopting this Constitution, with
this Alliance. At such time, candidates may at the discretion of
National Council, begin to be selected for the next election.
(b) If any existing party were to combine, by adopting this
Constitution, with the Canadian Reform Conservative Alliance then the
former party names should be maintained for a period of not less than
twenty (20) years as alternate names.
(c) In the event that any existing party were to combine, by adopting
this Constitution, with the Canadian Reform Conservative Alliance within
six (6) months of the adoption of this Constitution, then the former
constituency associations will be recognized as being duly constituted
under this Constitution without need for re-founding.
(d) In the event that any subsequent party chooses to combine or merge
with the Canadian Reform Conservative Alliance, National Council shall
consult with the Members and if approved by National Council, the
appropriate provisions for a combination or merger to occur shall be
developed.
(e) Notwithstanding that no party has yet decided to combine, by
adopting this Constitution, with the Canadian Reform Conservative
Alliance, the United Alternative Convention II has authorized the
Steering Committee, to continue in its capacity to govern in the
capacity of National Council, subject to all rules governing National
Council, notwithstanding "Articles 6 - National Council" until
the time a party so chooses to combine with the Canadian Reform
Conservative Alliance. At that time the governing body of the combined
party shall join the existing Steering Committee. This combined group
shall govern in the capacity of National Council, until the first
available opportunity for a National Convention as determined by the new
combined National Council. In addition, the Constitutional Officers of
the Canadian Reform Conservative Alliance and of the merging party,
shall co-manage the affairs of the Canadian Reform Conservative Alliance
until the first available opportunity for a National Convention.
(f) If a vacancy occurs on the combined National Council, prior to the
first National Convention, it shall be up to the respective members of
their original governing bodies to appoint their own replacement
members.
(g) Notwithstanding this Article, if no party combines or merges with
the Canadian Reform Conservative Alliance within 36 months, then the
Canadian Reform Conservative Alliance shall disband.
(h) Assets of any combined or merged party shall be subject to this
Constitution.
(i) The Caucus and Leadership of any first party to combine, by adopting
this Constitution with the Canadian Reform Conservative Alliance can
collectively decide to use, if they desire, the name of the party under
which they were elected until and only until the next election.
(j) There shall be no interim
Leader established for the Canadian Reform Conservative Alliance
pursuant to "Article 8 - The Interim Leader", provided there
is a leadership race held within six (6) months of a combining with the
first combined party and provided that the Leader of any party to
combine, by adopting this Constitution, with the Canadian Reform
Conservative Alliance for the purposes of the Canada Elections Act shall
be the Leader of the Alliance until a new Leader is chosen.
(k) Caucus, critics and the leadership of the first party to combine, by
adopting this Constitution, with the Canadian Reform Conservative
Alliance, including status such as Leader of the Opposition, shall
remain intact until the end of the leadership race.
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