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IX Resolutions

24. Resolutions Process

The Policy Committee manages the resolutions process and facilitates the debate of resolutions at a General Meeting. (Board; 4 Jun 2025)

25. Form of Resolutions

  1. Resolutions proposed for debate by members at a General Meeting or otherwise shall not exceed 300 words and shall take the following form:
    1. the preamble (if any), giving concise, factual information about the nature of the problem or reason for the action being requested; and
    2. a resolving clause, clearly outlining the action to be taken.
  2. Resolutions may be proposed by:
    1. The CBA Board of Directors;
    2. A CBA Subcommittee, Task Force, Section or Branch Executive;
    3. Individual members, with the written support of at least one (1) CBA Subcommittee, Task Force or Section, confirming that resolution is consistent with the Association’s mandate and strategic direction;
  3. Resolutions shall be accompanied by background information in writing using the mandatory form to assist deliberations and a proposed implementation plan which shall include but not limited to:
    1. a governance alignment statement, outlining how the resolution supports or advances the Association’s strategic plan, values, and mission;
    2. an estimated cost of implementation, including financial and non-financial resources required (e.g. staff time, volunteer engagement, communications needs etc);
    3. a description of anticipated benefits and impacts on the Association and members (e.g. impact on members, legal profession, public trust, alignment with access to justice);
    4. a brief statement of how the resolution supports or aligns with the Association’s current strategic plan, values, and mission;
    5. the name and contact details of the person(s) in the proposing group who will help the Board to implement the resolution;
    6. an implementation calendar which identifies the steps to be taken to implement the resolution and suggests deadlines to accomplish each step;
    7. success metric(s), identifying the practical, measurable outcome(s) that will indicate successful implementation;
    8. identification of affected stakeholders, specifying the group(s) who will be directly impacted and describing how these groups may be positively or negatively affected.
    9. an analysis of foreseeable risks, operational challenges, or legal or other barriers to implementation.
  4. Prior to submission to the Policy Committee, the Executive Director of Advocacy shall review each resolution to confirm compliance with the requirements set out in subsection (3). Where one or more required elements are missing, incomplete or unclear, the Executive Director of Advocacy shall return the resolution to the proponent(s) with a request for clarification or revision. Resolutions shall not proceed to the Policy Committee until the required information is complete.
  5. The Policy Committee may reject or revise proposed resolutions to make them clear, concise and factual.
  6. The Policy Committee shall review each resolution for consistency with the Association’s mandate, strategic priorities, financial sustainability, and operational capacity and any other consideration it determines is relevant in the Committee’s discretion.
  7. The Policy Committee may decline to accept a proposed resolution for consideration at a General Meeting or by the membership if it determines that the resolution is not appropriate including but not limited to cases where it:
    1. falls outside the legal or strategic scope of the Association;
    2. conflicts with established policy or fiduciary obligations;
    3. lacks sufficient justification, information, or feasibility assessment; or
    4. would, if implemented, result in significant financial, reputational, or operational risk.
  8. The Policy Committee may reject, revise, limit or distribute background information submitted with a draft resolution, and distribute or refer to other materials that will assist fair and informed deliberations.
  9. Amendments to be proposed to any resolution at a General Meeting shall be given to the Chief Executive Officer not later than 15 days before the commencement of the meeting at which the resolution is to be presented. Amendments not given to the Chief Executive Officer by the deadline may still be considered at a General Meeting if the person chairing the debate of resolutions agrees. All proposed amendments shall include a rationale and a brief assessment of their anticipated effect on the resolution’s alignment, implementation, or impact.
  10. Amendments not given to the Chief Executive Officer by the deadline may only be considered at a General Meeting if the person chairing the debate of resolutions agrees.

26. Authorization

  1. The Policy Committee may, in the discharge of its governance mandate and fiduciary oversight responsibilities, take one or more of the following actions with respect to any proposed resolution:
    1. if it is of the opinion that the subject matter of a resolution is inappropriate, inconsistent with the Association’s mission or mandate, or procedurally or substantively deficient, or if its form requires more revision than the Committee is prepared to undertake, refer the resolution back to the proposed mover and seconder, or refer the resolution to one or more National Sections, Board Committees, or staff for further study and development;
    2. if it is of the opinion that the resolution presents a significant financial, legal, reputational, operational, or strategic risk to the Association, recommend to the Board of Directors that the resolution not be accepted for debate at the General Meeting, together with a documented risk rationale and, where appropriate, alternative courses of action;
    3. if the resolution meets the formal requirements of Section 25 but raises issues that require broader consultation or inter-committee coordination, defer its consideration to a future General Meeting and refer it for further review or stakeholder engagement.
  2. The Policy Committee shall have the authority to determine whether a resolution submitted after the applicable deadline, including a resolution proposed at the meeting at which it is first put forward, is appropriate for consideration.
  3. The Policy Committee may, where in its view consideration of a resolution proposed at the meeting would not permit adequate review and deliberation—having regard to the resolution’s complexity, scope, resource implications, or policy implications require that the resolution be tabled for consideration at a future General Meeting or refer the resolution to one or more National Sections, Board Committees, or staff for further study and development;
  4. The Policy Committee shall report to a General Meeting session on all resolutions it has approved for consideration at that meeting, all resolutions referred back or rejected pursuant to paragraph 26(1), and all resolutions it recommends tabling pursuant to paragraph 26(2).
  5. A resolution tabled in accordance with paragraph 26(3) is referred to the Policy Committee for further study.
  6. All approved resolutions shall be considered and voted on in any session of the General Meeting as scheduled by the President or Chair of the session.
  7. Finance Committee Review
    1. All resolutions shall be circulated to the Finance Committee for review at the earliest possible time.
    2. The Finance Committee shall assess each resolution to determine:
      • whether its implementation can be accommodated within the Association’s approved or forecasted budget;
      • whether it introduces any significant financial, operational, legal, or reputational risks to the Association;
      • whether it implicates existing contracts, obligations, resource allocations, or program priorities.
    3. For any resolution introduced from the floor at a General Meeting, the Chair of the Finance Committee (or a delegate) shall review the resolution in real time and provide an immediate oral or written opinion on its budgetary feasibility. This review shall be subject to further analysis by the full Finance Committee and the Board of Directors after the General Meeting.
    4. Where a resolution from the floor is approved and subsequently found to have adverse financial, operational or legal implications, the Board of Directors retains the authority and obligation to act in accordance with its fiduciary duties and may defer, amend, or reject implementation of any resolution, reporting its rationale to the membership.
  8. Notwithstanding any other provision in this section, the Board of Directors retains ultimate authority and discretion over all resolutions adopted by the membership. The Board may review any resolution before, during, or after a General Meeting, and may, by majority vote, decline to implement any resolution if it determines that doing so would conflict with the Association’s legal obligations, fiduciary duties, strategic direction, budgetary limitations, or operational capacity. The Board shall report its rationale for any such decision to the membership at the earliest opportunity, either at the General Meeting or through a written post-meeting communication.  (Board; 4 Jun 2025)