Rules & Regulations
We strive to ensure a safe environment on the trail through signage, bridge railings, access control and overall trail maintenance. The following rules and regulations are intended to make the trail as safe and user-friendly as possible for the maximum number of people, while minimizing restrictions. Users are encouraged to familiarize themselves with the bylaws laid out by the Crown Lands Act R.S.N.S 1989 c114.
- This is a shared-use trail; expect to see walkers including small children, cyclists, skiers, horses, snowmobiles, and ATVs.
- Obey all posted signs, including posted speed limits.
- No unauthorized motor vehicles.
- No excessively loud vehicles.
- Trail closed between 11:00 PM and 6:00 AM.
- No hunting or trapping.
- No littering.
- Dogs must be on leash. Please pick up after them.
- Respect other users.
- Motorized vehicles and bicyclists always slow down and yield to walkers.
- Bicyclists are asked to alert walkers when approaching from behind.
- Use trail at your own risk.
By-Laws of Tatamagouche Area Trails Association
- In these by-laws, unless there is something in the subject or context inconsistent therewith,
- “Society” means Tatamagouche Area Trails Association.
- “Registrar” means the Registrar of Joint Stock Companies appointed under the Nova Scotia Companies Act.
- “Special Resolution” means a resolution passed by not less than three fourths of Members entitled to vote and present in person at a general meeting of which notice has been duly given, specifying the intention to propose the resolution as a special resolution.
- “AGM” means the annual general meeting of the Society.
- “Member” shall mean an individual who upholds the objectives of the Society and contributes to the support of the activities of the Society to the satisfaction of the Directors shall be admitted to membership in the Society.
- “Director” shall mean an individual elected or appointed to serve as a Director of the Society pursuant to these by-laws.
- The subscribers to the Memorandum of Association and such other persons as shall be admitted to membership in accordance to these by-laws, and none other, shall be members of the Society, and their names shall be entered in the Register of Members accordingly.
- For purposes of registration, the number of Members of the Society is unlimited.
- Every Member of the Society shall be entitled to attend any general meeting of the Society and, in accordance to the by-laws, to vote at any meeting of the Society, and to hold any office, but there shall be no proxy voting.
- Membership in the Society shall not be transferrable.
- No formal admission to membership shall be required, and the entry in the Register of Members by the Secretary of the name and address of any individual shall constitute an admission to membership in the Society.
- Membership in the Society shall cease upon the death of a Member, or upon receipt in writing from that Member of his or her resignation, or if that Member ceases to qualify for membership in accordance with these by-laws.
- The fiscal year of the Society shall be the period from January 1st to December 31st of any year.
- The Annual General Meeting of the Society shall be held within four months following the end of the fiscal year of the Society.
- An Extraordinary General Meeting of the Society may be called by the Chairperson or by the Directors at any time, and shall be called by the Directors if requisitioned in writing by at least twenty-five percent in number of the Members of the Society.
- Three days’ notice of a meeting, specifying the place, day, and hour of the meeting, and, in the case of special business, the nature of such business, shall be given to Members orally or in writing. The non-receipt of any notice by any Member shall not invalidate the proceedings at any general meeting.
- At each Annual General Meeting of the Society, the following items of business shall be dealt with and shall be deemed to be ordinary business; * Call to order * Approval of the agenda * Reading of the minutes of the last AGM * Business arising from the minutes * Correspondence * Treasurer’s report * Executive reports * Committee reports * New business * Election of officers * Appointment of auditor * Next Annual General Meeting date * Adjournment All other business transacted at an ordinary or Annual General Meeting shall be deemed to be special business, and all business that is transacted at an Extraordinary General Meeting of the Society shall be deemed special.
- No business shall be transacted at any meeting of the Society unless a quorum of Members is present at the commencement of such business, and such a quorum shall consist of five Members.
- If within one-half hour after the time appointed for a meeting, a quorum of Members is not present, the meeting shall be convened and dissolved upon the requisition of attending members, or stand adjourned until such time as the Members present direct, and if at the rescheduled meeting, a quorum of Members is not present, that meeting shall be adjourned and deemed cancelled.
- The Chairperson of the Society shall preside as the Chairperson at every general meeting of the Society.
- If there is no Chairperson, or if the Chairperson of the Society is not present at any general meeting, the Vice-Chairperson shall preside as Chairperson at that meeting.
- If there is no Chairperson nor Vice-Chairperson, or if neither Chairperson nor Vice-Chairperson is present at any general meeting, the members attending shall choose one of their number to act as Chairperson of that meeting.
- The Chairperson of a general meeting shall have no vote except in the case of a tied vote. In a tied vote, the Chairperson may cast a deciding vote, or may rule that the affirmative lacks the majority required to carry a motion, so the motion is not carried. The Chairperson shall not be required to vote.
Votes Of Members
- Every Society Member of the age of 18 years or over shall be entitled to one vote only.
- Unless otherwise determined by a general meeting, the number of Directors shall not be less than five nor more than eight.
- An attempt should be made to have equal representation of Directors from all geographic locales served by the Society, wherever possible.
- Any Member of the Society aged 18 years or over shall be eligible to be elected a Director of the Society.
- Directors shall be elected by the members at each Annual General Meeting of the Society, and shall hold office for a period of one year.
- At each Annual General Meeting of the Society, all Directors shall retire from office at the dissolution of the meeting, following nomination and election of successors to those positions. Retiring Directors shall be eligible for re-election.
- If a Director resigns his or her office or ceases to be a member of the Society, whereupon that office is vacated, that vacancy may be filled for the remaining portion of the term by the Board of Directors from among the Members of the Society.
- The Society may, by special resolution, remove from office any Director before the expiration of the term of office and appoint another Society member in his or her stead. The Member so appointed shall hold office only for the remainder of the term of office of the Director whom he or she was appointed to replace.
- Meetings of the Board of Directors shall be held as often as the business of the Society may require, and shall be called by the Secretary. A meeting of Directors may be held at the close of any ordinary or Annual General Meeting of the Society without notice. Notice of all other meetings, specifying time and place thereof, shall be given orally or in writing to each Director within a reasonable time before the meeting is to take place, but non-receipt of such notice by any director shall not invalidate the proceedings at any meeting of the Board of Directors.
- No business shall be transacted at any meeting of the Board of Directors unless a majority in number of the Directors are present at the commencement of such business.
- The Chairperson or appointed Chairperson of a meeting shall preside as Chairperson at meetings of the Board of Directors.
- The Chairperson shall not be entitled to vote as a Director, except in case of a tied vote, the Chairperson may cast a deciding vote.
Power Of Directors
- The management of the activities of the Society shall be vested in the Directors who, in addition to the powers and authorities by these by-laws or otherwise expressly conferred upon them, may exercise all such powers and do all such acts and things as may be exercised or done by the Society and are not hereby or by Statute expressly directed or required to be exercised or done by the Society in a general meeting. In particular, the Directors shall have power to engage employees and to determine their duties and responsibilities and their remuneration. The Directors may appoint an executive committee consisting of the officers and such other persons as the Directors decide.
- Directors who have, or could reasonably be seen to have, a conflict of interest have a duty to declare this interest. The declaration shall be made to the Chairperson.
- A conflict of interest does not prevent a Member from serving as a Director provided that he or she withdraws from the decision making on matters pertaining to that interest. The withdrawal should be recorded in the minutes.
- The Officers of the Society shall be elected by the Directors and shall include the Chairperson, the Vice Chairperson, the Secretary and the Treasurer.
- The Chairperson shall have general supervision of the activities of the Society and shall perform such duties as may be assigned to him or her by Members of the Society from time to time.
- The Vice-Chairperson shall, at the request of the Members and subject to its directions, perform the duties of the Chairperson during absence, illness, or incapacity of the Chairperson, or during such a period as the Chairperson may request him or her to do so.
- The Secretary of the Society shall:
- have responsibility for the preparation and custody of all books and records including:
- the minutes of Members’ meetings,
- the minutes of Directors’ meetings,
- the register of Members, and
- filing the annual requirements with the office of the Registrar, and
- have custody of the Seal, if any, which may be affixed to any document upon resolution of the board of Directors, and
- file with the Registrar:
- within fourteen (14) days of their election or appointment, a list of Directors with their addresses, occupations, and dates of appointment or election,
- a copy of every special resolution within fourteen (14) days after the resolution is passed, and
- have other duties as assigned to him or her by the Members.
- The Directors may appoint a temporary substitute for the Secretary who shall, for the purpose of these by-laws, be deemed to be the Secretary.
- have responsibility for the preparation and custody of all books and records including:
- The Treasurer of the Society shall carry out such duties as the Members may assign. If the Members think fit, the same person may hold the offices of both Secretary and Treasurer.
Audit Of Accounts
- The auditor of the Society shall be appointed annually by the Members of the Society at the Annual General Meeting, and, in case of failure of the Members to appoint an auditor, the Directors may do so.
- The Society shall make a written report to the Members as to the financial position of the Society, and the report shall contain a balance sheet and operating account. The auditors shall make a written report to the Members upon the balance sheet and operating account, and in every such report, shall state whether, in his or her opinion, the balance sheet is a full and fair balance sheet containing the particulars required by the Society and properly drawn up so as to exhibit a true and correct view of the Society’s affairs, and such report shall be read at the Annual General Meeting. A copy of the balance sheet, showing the general particulars of the Society’s liabilities and assets and a statement of its income and expenditures in the preceding year, audited by the auditor, shall be filed with the Registrar within fourteen days after the Annual General Meeting each year, as required by law.
- The Society has power to repeal or amend any of these by-laws by a special resolution passed in the manner prescribed in by-law 1, (c).
- Contracts, deeds, bills of exchange, and other instruments and documents may be executed on behalf of the Society by the Chairperson or Vice-Chairperson and the Treasurer, or otherwise as prescribed by resolution of the Board of Directors.
- The borrowing powers of the Society may be exercised by special resolution of the Members.
- All payments by cheque made on behalf of the Society require the signatures of two (2) approved signing authorities as determined from time to time by the Directors.
- The Society shall not make loans, guarantee loans or advance funds to any Director.
- Directors and Officers shall serve without remuneration and shall not receive any profit from their positions. However, a Director or Officer may be paid reasonable expenses incurred in the performance of their duties.
- The Society shall file with the Registrar, with its Annual Statement, a list of its Directors with their addresses, occupations, and dates of appointment and election, and within fourteen days of a change of Directors, shall notify the Registrar of the change.
- The Society shall file with the Registrar a copy in duplicate of every special resolution within fourteen days after the resolution is passed.
- The seal of the Society shall be in the custody of the Secretary and may be affixed to any document upon resolution of the Board of Directors.
- Preparation of minutes, custody of the books and records, and custody of the minutes of all the meetings of the Society and of the Board of Directors shall be the responsibility of the Secretary.
- The books and records of the Society may be inspected by any Member at any reasonable time within two days prior to the Annual General Meeting at the registered office of the Society.
- The Members may inspect the annual financial statements and minutes of membership and Directors meetings at the registered office of the Society with one (1) weeks’ notice. All other books and records may be inspected by any Member at any reasonable time within two (2) days prior to the Annual General Meeting at the Society’s registered office.
Bylaws Amendment, Repeal & Addition
- The Members may repeal, amend or add to these by-laws by a special resolution. No by-law or amendment to by-laws shall take effect until the Registrar approves of it.
- Any changes to the bylaws require:
- a notice delivered to Members by telephone or email fifteen (15) days in advance of a meeting called for that purpose; and
- a three-fourths affirmative vote of Members present at a meeting called to amend, revise, or repeal the bylaws.
- No Member of the Society shall, in his or her individual capacity, be liable for any debt or liability of the Society beyond the amount of any subscription, dues or fees payable (if any) by the person to the Society.