6.3 OACETT By-law 20: Governance, Membership Classes & Rights
Key Takeaways
By-law 20 (approved May 28, 2022; revised June 1, 2024) is made under section 7 of the OACETT Act and is read together with the Act and the Ontario Not-for-Profit Corporations Act.
The Board includes one elected member per Region, the President-Elect, the Young Professionals Committee Chair, the President, the Past-President, appointed members, and a non-voting CEO; at least 51% must be elected.
Only Certified Members in good standing vote at members' meetings, where quorum is 40 Certified Members and notice must be 30 to 50 days.
A member is deemed to have resigned if dues remain unpaid six months after the annual invoice date; the RPPC may reinstate in extenuating circumstances.
Section 2.5 lets the RPPC reprimand, suspend or expel a member for professional misconduct (as defined in the By-law, Rules or Code) or incompetence.
OACETT By-law 20: Governance, Membership Classes & Rights
The OACETT Act, 1998 is short and leaves almost all operating detail to by-laws. By-law 20 fills that gap. It was approved on May 28, 2022 and revised on June 1, 2024, and it repealed all former by-laws when it came into force. It states that it is intended to be in accordance with both the OACETT Act and the Ontario Not-for-Profit Corporations Act, 2010 (ONCA), and that "the Act and the By-law must be read together." This section maps By-law 20 so you can answer PPE questions about who governs OACETT, who may vote, and what happens when a member stops paying dues.
1. Authority and Structure of By-law 20
The by-law power comes from section 7 of the Act. The council (now the Board of Directors) may make by-laws to carry out the Association's objects and administer its affairs. A new by-law or amendment takes effect when the Board passes it but expires at the end of the next annual meeting of members unless confirmed at that meeting. By-laws must be available for public inspection at head office.
| Part of By-law 20 | Subject |
|---|---|
| Definitions | Key terms, including "Board of Directors" (previously known as Council and called Council in the Act), "Certified Member," "Member," "RPPC," "MESC," "ordinary resolution" (majority of votes cast) and "special resolution" (at least two-thirds of votes cast) |
| 1 | The Association: head office in the Greater Toronto Area, December 31 financial year-end, execution of contracts, auditors, electronic communications, and Regions (at least four and at most eight) |
| 2 | Members: admission, classes, registration requirements, resignation, and discipline |
| 3 | The Board of Directors: composition, qualifications, nominations, terms, elections, vacancies, removal, and delegation |
| 4 | Board meetings, indemnification, conflict of interest, and policy review |
| 5 | Officers |
| 6 | Standing committees |
| 7 | Members' meetings |
| 8 | Fees and dues |
Relationship to ONCA
ONCA came into force in October 2021 and replaced the Corporations Act for Ontario not-for-profit corporations. By-law 20 uses ONCA's rules in several places. Board qualifications follow ONCA (an individual, at least 18, not found incapable, not bankrupt). Board members must disclose interests in material contracts under section 41 of ONCA. Electronic voting must comply with ONCA. Discipline must give notice and an opportunity to be heard in accordance with ONCA and the RPPC rules.
2. Governance: The Board of Directors
Composition (s. 3.1)
The affairs of OACETT are managed by a Board of Directors made up of:
- Elected or acclaimed members, each a Certified Member: one member from each Region, the President-Elect, and the Chair of the Young Professionals Committee;
- Ex officio members: the President, who chairs the Board after completing the President-Elect term, and the Past-President;
- Appointed Board Members nominated by the Board, who may include representatives of other professional organizations, the public, government or educational institutions; and
- the Chief Executive Officer (CEO), ex officio and non-voting.
At least 51% of Board members must be elected or acclaimed by Certified Members (s. 3.1.2).
Terms and Limits (ss. 3.2 to 3.4)
- Regional Board members serve two-year terms and may not serve more than six consecutive years (the Board may waive this). A former member may return after a two-year absence.
- Regional Board members must live or work in the Region they represent.
- A candidate for President-Elect needs at least four years as a Board member, or two years on the Board plus two years on a provincial-level committee, and the endorsement of at least five Certified Members. A regional candidate needs two endorsements from Certified Members in that Region.
- Certified Members may remove the President, President-Elect or Past-President by special resolution. The Secretary must call the meeting on the written requisition of 100 Certified Members in good standing.
Board Meetings (s. 4)
A majority of voting Board members is a quorum. Board members may not vote by proxy. The Chair votes only to break a tie, and the votes of non-elected Board members may never outnumber those of elected members. Notice is normally at least 10 days, or 48 hours when urgent action is needed. The Board must review the by-law, committee terms of reference, the Code of Ethics and Rules of Professional Conduct, and all Board policies at least every five years (s. 4.8).
Officers (s. 5)
The officers are the President, President-Elect, Past President, Registrar, Treasurer and CEO. The President serves a two-year term as President-Elect and is then acclaimed President. The Past President chairs the Nominating Committee. The Registrar and CEO are appointed by the Board and hold office at its pleasure. The Treasurer chairs the Finance and Audit Committee.
Standing Committees (s. 6)
| Committee | Role |
|---|---|
| Registration and Professional Practice Committee (RPPC) | Carries out the Act's registration and certification objects; formerly IETO; works through subcommittees (Admissions, Complaints, CPD, Education and Exam, Fellow) and ad hoc Discipline Subcommittees |
| Member Engagement and Services Committee (MESC) | Oversees member services, advocacy, and the Chapter network; formerly the Professional Affairs and Services Board |
| Finance and Audit Committee (FAC) | Oversees budgets, quarterly statements, audit, investments and risk; its Chair is the Treasurer |
| Nominating Committee | Certified Members who recruit and recommend candidates for the Board, committees, and Discipline Subcommittee panels |
The RPPC and MESC chairs are appointed from among the elected Regional Board members. OACETT's regions are Western, Horseshoe, Toronto, Central, Eastern and Northern, and local Chapters inside each region run technical events, networking and outreach under MESC's oversight.
3. Membership Classes and Rights (s. 2)
By-law 20 recognizes two classes of members:
| Class | Who Belongs | Key Rights and Limits |
|---|---|---|
| Certified Members | Individuals registered as Certified Technicians, Certified Engineering Technicians, Applied Science Technologists or Certified Engineering Technologists | Only Certified Members in good standing may vote at members' meetings (s. 7.6); only Certified Members may be elected to the Board; protected designations under the Act; may apply for the member identification stamp under OACETT's stamp policy |
| Associate Members | Individuals in training to become certified, listed as Associate, Associate-Student, or another category the Board creates on RPPC's recommendation (including road construction categories) | Bound by the Code of Ethics and By-law; receive member services; may not vote at members' meetings; may not use the protected designations; must certify by the deadline the RPPC sets |
Recognitions such as Fellow OACETT and retired-member status apply to existing members. They do not create additional voting classes. Retired and student members are not required to complete CPD.
Who Admits Members
The Board delegates admission to the RPPC. Admission takes effect when the Registrar, advised by the RPPC, records the applicant in the Register (s. 2.1). The RPPC also sets the registration requirements for each class (s. 2.3).
4. Members' Meetings (s. 7)
| Rule | By-law 20 Requirement |
|---|---|
| Annual meeting timing | Held in Ontario each year after April 30 and before July 1 |
| Notice | At least 30 days and not more than 50 days before the meeting, stating any special business in enough detail for a reasoned judgment |
| Quorum | 40 Certified Members, present in person or by proxy |
| Chair | The President, then the Past President, then the President-Elect |
| Voting | Only Certified Members in good standing |
| Proxies | Must be deposited at head office or with the Secretary at least 48 hours before the day of the meeting. A proxy-holder must be a Certified Member in good standing unless the proxy is given to the President-Elect |
| Business without notice | A resolution passed on business not included in the notice is not binding on the Board; the Board takes it under advisement |
5. Fees, Dues and Resignation (ss. 2.4 and 8)
- Who sets fees: the Board approves annual renewal fees, application fees, examination fees (including the PPE), appeal fees, and other fees, on the recommendation of the Finance and Audit Committee after consulting the RPPC or MESC (s. 8.1.1).
- Hardship: the Finance and Audit Committee, with the MESC, may set policies exempting members from fees for illness, disability, financial hardship or other extenuating circumstances (s. 8.1.2).
- Resignation: any member may resign in writing to the Registrar (s. 2.4.1).
- Deemed resignation for unpaid dues: a member is deemed to have resigned if dues remain unpaid six months after the annual invoice date (s. 2.4.2). OACETT's FAQ explains the effect: the membership lapses, the member is registered as resigned for non-payment, and membership privileges and titles are revoked. The RPPC may reinstate a member deemed resigned in cases of illness, disability, financial hardship or other extenuating circumstances, and may waive some reinstatement conditions.
- Missed certification deadline: an Associate who does not certify by the date set by the RPPC is transferred to the CPD program, with the cycle starting the following January (s. 2.4.3).
6. Discipline Under By-law 20 (s. 2.5)
By-law 20 contains the core discipline power. The RPPC, after giving notice and an opportunity to be heard in accordance with ONCA and the RPPC rules, "may reprimand, suspend or expel a Member, either absolutely or on condition" for:
- (a) professional misconduct as defined in the By-law, the Rules of Professional Conduct or the Code of Ethics; or
- (b) incompetence, as defined in the rules established by the RPPC.
The procedure is set out in the RPPC's Complaints Subcommittee and Discipline Subcommittee Terms of Reference, covered in Chapter 7.
What is By-law 20, and how does it relate to the OACETT Act, 1998?
A City of Toronto zoning by-law that controls where technology firms may open offices
A collective agreement between OACETT and construction unions
OACETT's governing by-law, made under s. 7 of the Act and read with the Act and ONCA
A federal CBCA regulation for interprovincial technology firms
Under By-law 20, which statement correctly compares Certified Members and Associate Members?
Only Certified Members in good standing vote; Associates cannot use the protected titles
Associate Members alone vote on by-law confirmations, as the members in training
Both classes vote at members' meetings; only Certified Members use the stamp
Associates who passed the PPE may be elected to the Board before certifying
A certified member ignores the annual dues invoice. Under By-law 20, what happens if the dues are still unpaid six months after the invoice date?
The member is deemed to have resigned, and titles are revoked unless the RPPC reinstates
The Registrar refers the member directly to a Discipline Subcommittee hearing for misconduct
The member keeps the C.E.T. title but cannot vote at members' meetings until the next annual meeting
Nothing happens until three consecutive years of dues are missed
Sections you finish are checked off in the contents.