Bylaws
Passed originally - November 1, 1998
(Last amended - November 18, 2018)
GENERAL
1. The Club aircraft is to be based at the Collingwood Airport (CNY3).
2. All flying shall be done in strict observance of Canadian Air Regulations (CARs) and local airport rules.
3. Membership in the Club is limited to holders of pilot permits as indicated in Policies & Regulations. Members must be current on type, within the time frame decided by the Executive Board. Members must meet certain restrictions placed by the Club’s insurer and these are subject to change. Amended 11/16/14
4. No member shall fly the Club aircraft with a suspended or revoked license, invalid medical certificate, or without successfully completing a recurrent training program preceding a flight as required under CARs Part IV. Amended Nov 13, 2011
INSTRUCTION
5. All instruction given to members flying the Club aircraft shall be given by authorized CFIs.
NON-MEMBERS
6. No member shall authorize or permit a non-member, other than an authorized and certified qualified instructor, to fly the Club owned aircraft. Instructors who are non-members will be limited to flying the aircraft for instruction of members only. Qualified maintenance personnel authorized by the insurance company may conduct appropriate test or ferry flights. Amended Nov 13, 2011
7. No member shall land the Club aircraft at any but DOT certified or registered landing fields in Canada or FAA equivalent landing fields in the USA; except in case of forced or precautionary landings.
OFFICERS
8. The officers shall be: the President, Vice-President, Secretary, Treasurer, and Past President. Should the current Past President be one of the other officers he/she shall select another member to act as the Past President so long as the member selected has been a President of the Club. These officers shall comprise the Executive Board, to handle all matters of Policy and Regulation, which shall be presented to the membership for final approval by a simple majority at a duly authorized meeting.
9. All officers shall be elected at the AGM or barring that on or before December 31 of each year. 11/13/11
AIR SAFETY BOARD
10. The above officers shall serve as an Air Safety Board, with power to investigate charges against any member. This Air Safety Board shall have the power (at the discretion of at least 3 members on this Board) to ground and temporarily suspend from membership, any member who is accused of any violation of any Air Regulation, local field rule, Club rule, or any unsafe flying practice. Any individual member of this Board shall have the power to temporarily ground any member accused of any of the above violations pending a hearing by the Board. This suspension will be discussed at the next duly authorized meeting of the Club and a final decision decided by the members present. A member so accused may request a special meeting be called for this purpose, but the final decision will be made by the members at the next meeting. Amended Nov 13, 2011
MEMBERSHIPS
11. The membership shall be limited to a fixed number of members to be determined by the Membership and agreed to by a 2/3 vote of the membership at a duly authorized meeting. Each member will hold a Share in the Club entitling him/her to an equal share in the corporation, and to equally share in any assessments made upon the membership shares. A member is defined as a bona fide member who is in good standing with Collingwood Flying Club Inc. Potential new members will be normally introduced before membership acceptance and must be approved by a 2/3 vote of the membership at a duly authorized meeting. All members agree that they are part of a collective that exists specifically as a shared cost arrangement that is a “not for profit organization”. Amended Nov 11, 2012
12. Each Membership Share includes a proportionate share of all the assets and liabilities of the Club including, but not limited to, the aircraft and its equipment, the hangar, tools, spare parts, supplies, bank account, bank loans, and outstanding Club debts. There will be a standard monthly membership assessment to be determined by the Membership and approved by a simple majority of the Club members which entitles the member to 2 hours of transferable airplane usage per month. Flying time in excess of these 2 hours will be reimbursed to the Club within 30 days of the completion of the flight/s. The above 2 hours are accruable to a maximum of 48 hours. All flying time costs are wet costs including gasoline and oil. A Club Member may transfer up to a maximum of 4 hours per month to any other eligible Club Member or Members. No Member may transfer out more than 4 hours in the same month. The transferred hours shall be communicated to the Time Keeper in a prompt manner who shall then make the necessary amendments to the monthly accumulated banked hours of the appropriate Club Members. Amended Jun 8/19
13. Members shall reimburse the Club at the same hourly rate as specified by the Membership as stated in Article 12 above for every flying hour in excess of those hours permitted under article 12. Flying time may be reimbursed in advance. Unless other arrangements have been approved by the Executive Board, each member's obligations shall be made current within the first fifteen days after the month in which the flying time has been accumulated. If at the second monthly rendering of obligations due, any member in arrears, shall be notified by the Executive Board of his/her delinquency, said member shall be placed on an inactive flying list and be barred from use of the Club aircraft. Should the member remain delinquent for a third month, his/her membership in the Club may be terminated by action of a 3/5 vote of the Executive Board. The Executive Board shall officially notify the member in writing by registered mail and if it is not deliverable, to then use regular post sending it to his/her last known place of residence. The terminated member shall be refunded 1/2 of his/her membership share value as determined by Article 25 less the amount of monthly dues and flying time fees owed to the Club. Amended Nov 11, 2012
14. Any member that acts in a careless or negligent manner or causes damage to the Club's property by his/her carelessness/negligence may be terminated by a majority vote of the membership at a duly authorized meeting and his/her share shall be purchased by the Club at 1/2 of the share value as determined by Article 25. Any repair costs will be borne solely by the terminated member. Nov 13/2011
15. Any member may sell or transfer his/her share in the Club to a new member provided, however, the new member has been approved by a 2/3 vote of the membership and provided that the remaining membership has the first opportunity to buy the membership share at a fair market price. It shall be the duty of any member to sell or transfer his/her own share. Members who decide to terminate their membership in the Club or whose membership isterminated by the Club will lose all unused accrued flying hours at the time of termination. No recompense will be made by the Club for the unused hours in the settlement of the terminating member's account. Any new Member when purchasing an existing Member’s Share does not assume nor acquire any outstanding hours from the Member selling their share. No remaining seller’s hours are transferrable to any Member upon completion of the Share’s sale. Any new Member may neither buy nor transfer hours for a period of six (6) full months from the date of the purchase of the Club Share. Any new member buying a share must sign an agreement with the Club and/or the Club's Bank that he/she is assuming the responsibility of any loan, debt or obligation. Amended Jun 8/19
16. A Member who has had their pilot license suspended by a Medical Examiner and/or Transport Canada, will have the option to have his/her monthly membership rate reduced by 50% of the monthly rate. Hours accrued at the date of the suspension shall be frozen and subsequent hours will then not be banked. This arrangement will continue until the member has had their license validated or until the member either sells or chooses to surrender their share back to the club. This will continue to a maximum of 1 year from grounding date and after that at the discretion of the executive. If the member is still unable to fly the airplane after that period and has not sold his/her share the standard 2 hour flyable monthly fee will be re-instated or the member has to surrender their share to the club.
FLYING RESERVATIONS
17. A booking system will be kept by the Club in which a member may make reservations. The aircraft may not be reserved on weekends or holidays except as otherwise provided for more than a time period to be determined by the Executive Board and approved by a simple majority of the Club membership. Members may request the aircraft for periods in excess of one day by approval of the Executive Board by posting such a request at least one week in advance on the booking system for midweek reservations. The member shall pay for actual time flown. Time flown will be determined by use of the meter in the aircraft. Amended Nov 13, 2011
18. Members using the aircraft for overnight cross-country flights shall be responsible for any hangar expense and adequately safeguard the Club aircraft at his/her own expense, or for any unusual costs, such as local airport landing fees, parking charges, or other expenses, occurring from taking the aircraft away. (Amended Nov 5, 2016)
19. The use of the Club aircraft is primarily for pleasure flying and the use of the members. If it is determined by a 3/5 vote of the Executive Board, that any member is using the Club aircraft excessively and, thereby, not permitting the aircraft to be available for use by the other members; the Executive Board shall notify the member in question of such excessive use and may suspend the member's flying privileges until a solution, that is satisfactory to all members, is reached.
20. It is the duty of the member to post any reservation cancellation as soon as possible on the booking system or by group email. Amended Nov. 5, 2016.
MAINTENANCE
21. The member Maintenance Officer is authorized to spend up to an amount to be determined by the Executive Board and approved of by a simple majority of the Club membership at a duly authorized meeting on normal maintenance and/or repair of the Club airplane. Expenditures beyond this amount must be approved by 2 Executive Board members. It is the duty and responsibility of each member to participate in simple maintenance and general upkeep of the Club airplane. Each member is encouraged in doing his/her share of the workload and to assist the Club in the maintenance of an operationally safe and presentable airplane. Each member will be responsible for cleaning up after his/her use of the airplane and properly securing the airplane against theft or damage.
22. A quorum at a meeting shall be 50% or more of the current membership including proxies. These by-laws may be changed or amended by approval of the majority of members at any duly authorized meeting, if advance notice is given to all members by email, post,telephone, or posting on the web site prior to the meeting. Amended Nov. 5, 2016.
23. An Operations Committee shall consist of the Executive Board members and may make operational rules as need arises and approved by a simple majority of the Club membership.
DAMAGE TO CLUB AIRCRAFT OR OTHER PROPERTY
24. A member causing a damage loss to the aircraft is responsible for the insurance deductible or any loss less than that amount. A member who causes damage or loss to the aircraft that is not covered by insurance is solely responsible for the entire loss/amount. Amended Nov. 16, 2013.
25. Matters of a serious nature require a 2/3 majority of the full membership. Amended Nov 5, 2016
26. A Member's Share is to be valued using the following formula:
Assets minus Liabilities divided by the number ofcurrent members. Assets include, but are not limited to; the Aircraft Value, the Hangar Value, Bank Account and additional bank assets. Liabilities include, but are not limited to; any outstanding Mortgage, debts and outstanding flying hours. The values for the aircraft and hangar and any other major item will be those values presented and accepted at any meeting at which they are evaluated. The value of the outstanding flying hours liability will be calculated as the total number of outstanding hours multiplied by the variable cost of flying the Club aircraft as determined by the Executive Board and approved by a 2/3 vote of the membership at a duly authorized meeting. Amended Nov. 16, 2013 (Article 25 was deleted Nov 16, 2013 with Article 26 subsequently being renumbered as the new Article # 25).