Manitoba Athletic Therapists’ Association, Inc.

Constitution

BY-LAW NO. 1

A By-law relating generally to the conduct of affairs and transaction of business of the Manitoba
Athletic Therapists’ Association incorporated; a volunteer based not-for-profit organization
(hereinafter called the “Association”)
Be it enacted as By-law No. 1, and as the Constitution of the Manitoba Athletic Therapists’
Association, Inc., as follows:


1. OBJECTIVES AND STATEMENT OF PURPOSE


1.1 The Association shall remain a not-for-profit organization. The objectives of the
Association shall be to advance, encourage, and improve the Athletic Therapy profession
in Manitoba, as sanctioned by the Canadian Athletic Therapists Association (hereinafter
called the C.A.T.A.), being the national governing body, providing a means for a free
exchange of ideas, while providing the best possible injury prevention and care for
athletes and active individuals and requiring members to conduct themselves in
accordance with Code of Ethics of the Association.

2. HEAD OFFICE


2.1 The head office of the Association shall be located in the City of Winnipeg, in the Province
of Manitoba, at such place as designated by the Executive Committee.

3. SEAL


3.1 The seal shall have the words “MANITOBA ATHLETIC THERAPISTS’ ASSOCIATION INC.”
thereon, and shall be kept at the head office.
An impression thereof is stamped in the margin hereof.

4. BOARD OF DIRECTORS


4.1 The affairs of the Association shall be managed by the Board of Directors (hereinafter
referred to as the “Board”), six (6) in number, and a majority of the Board shall constitute
a quorum for the transaction of business.

4.2 The term of office of a Director shall be two years. Directors shall be eligible for re-
election at the Annual General Meeting but no person shall hold any one office for a

(2) M.A.T.A., Revised February 2018
period in excess of three consecutive two year terms, and such elections shall be held at
the Annual General Meeting.

4.3 At the first meeting of the Board of Directors, the responsibilities of a President, Vice-
President, Secretary, Treasurer, Registrar and Director shall be assigned to the members of the Board.


4.4 Any member may be nominated by filing a nomination form signed by three nominators,
and consented to by the nominee, who all must be members in good standing of the
Association at the date of submission. Further each member nominated for a position on
the Board of Directors shall reside and work within the Province of Manitoba. Said
nomination must be submitted to the Secretary of the Association, prior to close of
nomination at the Annual General Meeting.


4.5 The remaining officers of the Association shall be such that other officers as the Board of
Directors may, by law determine, and may appoint at meetings of the Board.


4.6 Subject to the provisions of any written Employment Agreement, the Board may remove,
at its pleasure, any of the respective officers which it appoints.


4.7 The office of a Director shall be automatically vacated if:


a) the Director resigns his office, by delivering a written resignation to
Secretary of the Association;


b) he is found to be of unsound mind;


c) he becomes bankrupt, or suspends payment, or compounds with his
creditors, or makes an unauthorized assignment, or is declared
insolvent;


d) he is convicted of any criminal offence;


e) he is found to contravene the Code of ethics of the Association;


f) at a Special General Meeting of Directors, where a resolution voted
upon by secret ballot, is passed by two-thirds of the members present
at the meeting, that he be removed from office.


4.8 In the event that a Board member resigns from office or the office is vacated, the Board
shall appoint a member to fill the position until the next Annual General Meeting. At the
next Annual General Meeting, the newly elected Board member shall complete the term
of the vacated office.


4.9 Meetings of the Board may be held at any time and place, to be determined by the Board,
provided that five (5) days notice of such meetings shall be sent in writing to each
Director. No formal notice shall be necessary, if all directors are present at the meeting,
or waive notice thereof in writing.

(3) M.A.T.A., Revised February 2018


4.10 Directors shall not receive any stated remuneration of their services, but by resolution of
the Board, expenses of their attendance and for their performance of duties, may be
allowed at each meeting of the Board. Nothing herein contained shall preclude any
Director from serving the Association as an officer, or in another capacity in receiving
compensation therefor.


4.11 Directors shall have power to authorize expenditures, and receive donations and benefits
on behalf of the Association, and may delegate by resolution to an officer of the
Association, the right to employ and pay salaries to employees, to further the objects of
the Association.


4.12 The President shall preside at all meetings of the Board, and supervise and manage the
business of the Association, and see that all Resolutions of the Board are carried into
effect.


4.13 The Vice-President shall, in the absence or disability of the President, perform the duties,
and exercise the powers of the President, and in addition, perform such other duties as
shall from time to time be imposed upon him by the Board.


4.14 The Treasurer shall have the responsibility (which he may delegate onto an employee of
the Association) for the custody of the corporate funds and securities; the keeping of full
and accurate accounts of receipts, disbursements, and books belonging to the Association,
and the depositing of monies and other valuable effects, in the name of and to the credit
of the Association, in such depositories as may be designated by the Board of Directors
from time to time. He shall have the responsibility to disperse the funds of the
Association, as may be ordered by the Board, taking proper vouchers for such
disbursements, and he shall render to the President and the Directors at the regular
meeting of the Board, or whenever they may require, an account of his transactions as
Treasurer, and of the financial position of the Association. He shall also perform such
other duties as may from time to time be determined by the Board.


4.15 The Secretary shall ensure that a competent person attends all meetings of the members;
acts as clerk thereof; and records all votes and minutes of the proceedings in the books to
be kept for that purpose. He shall give, or cause to be given notice of all meetings of the
members, and of the Board of Directors, and shall perform such other duties as may be
prescribed by the Board of Directors or President, under whose supervision he shall be.
He shall be custodian of the seal of the Association, which he shall deliver only when the
authorized by resolution of the Board to do so, and only to such person or persons as may
be named in the resolution.


4.16 The Registrar shall keep the membership register and associates roster, as well as keeping
account of membership fees and such other duties as shall be imposed by the Board.
The Registrar shall assign provincial registration numbers to M.A.T.A. members, and liaise
with the C.A.T.A. regarding the membership register.

(4) M.A.T.A., Revised February 2018
4.17 The Board may exercise all such powers of the Association as are not, by the
Corporations Act of Manitoba, or by this Constitution, or by-laws thereunder, required
to be exercised by members at general meetings of members.


4.18 All cheques, orders for the payment of money, notes, bills of exchange and acceptances,
shall be signed by such officer or person, or officers, or persons, and in such manner as
the Board of Directors may from time to time designate. Contracts or documents, or
instruments in writing, requiring the signature of the Corporation, must be signed by the
President and Secretary, and having been so signed, shall be binding upon the
Corporation, without any further authorization or formality.


4.19 The Board of Directors shall have the power, by resolution, to appoint any officer or
officers, or any other person, to sign contracts, documents, instruments in writing on
behalf of the Corporation, and to affix the corporate seal when required.


4.20 The Board may, by unanimous vote of all its members, alter this Constitution. However,
such alteration shall have force and effect only until the next annual or special/general
meeting of members, when absence of such confirmation, the amendment shall cease
to be effective from the date of such meeting.


4.21 The Board may, in addition to its other powers, make rules to provide for:


a) scheduled fees to charged by members, and billing guidelines to be adhered to
by members, both of which are subject to review by the voting membership at
the annual general meeting;
b) regulation of the relationship between the Association and C.A.T.A. to establish
the standards for certification examinations, and provide for administration and
completion of same;
c) make rules to enforce the Code of Ethics and define the Scope of Practice of
Athletic Therapists.


5. MEETINGS OF MEMBERS


5.1 The fiscal year of the Association shall end on March 31st
.

5.2 The Annual General Meeting of the members of the Association shall be held within
three (3) months after the fiscal year end, at the head office of the Association, or
elsewhere, in the Province of Manitoba, as the Board of Directors may designate. At
such meeting, the members shall elect a Board of Directors, and receive a report of the
Directors. Quorum for the Annual General Meeting shall consist of one-sixth of the
voting membership.
5.3 In the event that quorum is not met at the Annual General Meeting all voting items will
be tabled until a Special Meeting of the members can be called
5.4 A Special Meeting of members may be called at any time:

(5) M.A.T.A., Revised February 2018

a) On resolution of the Board; or
b) On a written request addressed to the President, and signed by not less than
twenty (20) percent of the voting members.

5.5 Thirty (30) days prior written notice of any Annual or Special Meeting of the members
shall be sent to each member at the most recent address shown in the records of the
Association. The members in attendance shall constitute a quorum at any Special
meeting.
5.6 Each Certified member and each Enfranchised Associate member at all such meetings
shall be entitled to present or second motions, and vote on each issue dealt with at such
meetings.
5.7 Every question shall be decided by a majority of the votes of the members present. No
member shall be entitled to vote by proxy.
5.8 All meetings of members, Directors, and committees shall be conducted in accordance
with Robert’s Rules of Order.
6. AUDITORS
6.1 The members shall at each Annual General Meeting, appoint an Accountant, to hold
office until the next Annual General Meeting, whose remuneration shall be fixed by the
Board, and who may also fill any vacancy in the office of an Auditor, to audit the books,
accounts and records, at least once each year, and provide a completed report at the
Annual General Meeting.

7. MEMBERSHIP


7.1 The Board shall cause to be kept by the Registrar, a Register in which will be entered the
names of all members in good standing. All registered members will be assigned a
provincial registration number.
7.2 Membership Categories
Every person whose name is entered in the Registrar of the Association shall hold status
in only one of the following classes:
a) Persons registered with the C.A.T.A. as Certified Athletic Therapists;
b) Persons registered with the C.A.T.A. as Enfranchised Associate Members;
c) Persons registered with the C.A.T.A. as Athletic Therapy Certification Candidates;

(6) M.A.T.A., Revised February 2018
d) Persons designated *Member Emeritus according to the guidelines herein.
*Member Emeritus (Honourary)
For a member to achieve the status of Honourary Member Emeritus, the following
criteria apply:
a) This classification is honourary, and not afforded automatically;
b) The member must a member in good standing of both the C.A.T.A. and the M.A.T.A.,
at the time of retirement;
c) The member must not derive more than fifty percent (50%) of his income from the
practice of Athletic Therapy;
d) Any and all nominations must be submitted in writing, to the Executive.
Nominations must be made by, and seconded by members in good standing with
the M.A.T.A. There must be accompanying reasons to support the nomination;
e) The nominations must be approved by the Board of Directors of the Association’s
Executive;
f) The member is afforded full membership benefits, including the right to hold office,
and to vote at the Annual General Meeting;
g) Member Emeritus is a continuing appointment. Suspension of privileges is subject to
the terms and conditions of membership outlined in the Constitution.

7.3 Members who have paid the current prescribed fees and owe no debts to the
Association are members, or entitled to be members in good standing, of the
Association, provided that:
i) They make a one-time submission of attendance at a Personal Health
Information Act (PHIA) seminar;
ii) They remain a member in good standing with the C.A.T.A.;
iii) They provide annual proof of liability insurance once becoming a Certified
Athletic Therapist;
iv) They have not ceased to be a member;
v) They have not been suspended or expelled from membership, or had other
membership restrictions or sanctions imposed;
vi) They have complied with the constitution, bylaws, policies, rules and
regulations of the Association; and

(7) M.A.T.A., Revised February 2018

vii) They have fulfilled all terms and conditions of any disciplinary action.
viii) Member Engagement
Active participation of all certified members in the functions of both the association
and the profession of Athletic Therapy in Manitoba.
Each Certified Athletic Therapist, CAT(C) registered in Manitoba will be required to
participate in an association activity, committee or event on an annual basis in
order to maintain their status. Members will be required by June 1st of each year
to submit to the MATA their activity that satisfies the requirement during the
previous year (June 1 – May 31 annually is reporting period). Effective the seventh
(7th) of June, 2017.
Approved Membership Engagement Activities:
1. Participation on the MATA Board of Directors;
2. Participation on an MATA committee(s);
3. Representing the MATA to an outside group (as approved by the MATA
BOD);
4. Attendance at the MATA Annual General Meeting;
5. Volunteer your time with an external Provincial Sporting Organization
(PSO) or other related events in the capacity as an athletic therapist ie)
Canada Summer Games, Special Olympics MB, hockey tournament, etc.;
6. ATS events: Volunteer an entire shift or 3 hours of an extended shift (ie –
if the entire shift is 6 hours, the first 3 are volunteer, remaining hours resume
the honorarium). Honorarium volunteered is donated to charity of MATA BOD
choice;
7. Volunteer your time and teach an AFAP program – honorarium
volunteered is donated to charity of MATA BOD choice;
8. Organize/Participate in a MATA social event;
9. Organize a continuing education/information sharing event for
members/non-members;
10. Volunteer to give a presentation to the MATA membership (certified or
certification candidates);
11. Newly certified members will be exempt for the year they certified (June
1 – May 31);
12. Members on leave of absence with inactive insurance where the leave
overlaps two reporting periods can pick one year to be exempt from member
engagement;

(8) M.A.T.A., Revised February 2018
13. Therapists that transfer to the province are exempt for that year.

Failure to Comply:
Should a member fail to meet this policy requirement, said member will be
required to pay a fee of $100.00 in order to maintain their status. Failure to pay this
fee will result in the immediate loss of the title CAT(C) until such fee is paid in full to
the MATA.

7.4 In addition to the Register, the Board shall cause to be kept by the Registrar, a Roster of
persons wishing to be associated with, but not members of, the Association, and which
is limited to Athletic First Aiders, who are at Level I, II, or III.
7.5 A member of the Association shall, upon registration, pay an annual fee (as determined
by the Board of Directors from time to time), in accordance with his membership
classification at the time of filing his application with the Registrar.
7.6 Upon receipt of the application and fee, the Registrar shall issue the Membership stamp
and registration certificate to those Certified Athletic Therapists who meet the
requirements as laid out in this Constitution.
7.7 Any member suspended from the Association must:
a) meet the requirements for reinstatement as mandated by the C.A.T.A.;
b) refrain from practicing as an Athletic Therapist, until such time as he is
reinstated by the Board.

7.8 The annual dues for membership in the Association shall be determined by a majority of
the voting membership at its Annual General Meeting.
7.9 Upon resignation from the Association, a member so resigning, will not be entitled to
any refund of fees, nor may he assign or transfer his membership.


8. PROTECTION OF BOARD OF DIRECTORS


8.1 Every Board member, or other person who has undertaken any liability on behalf of the
Association, and their heirs, executors, administrators and assigns, shall at all times be
indemnified and saved harmless, out of the funds of the Association, from and against
all costs, charges and expenses whatsoever, which he may sustain or be incurred by him
in the execution of the duties of his office, and from and against all other costs, charges
and expenses which he sustains or incurs, except those that are occasioned by his own
willful neglect or default.

(9) M.A.T.A., Revised February 2018
8.2 No Board member, or Association member, shall be liable for the acts, neglects, or
defaults of any other Board or Association member.

9. Professional Misconduct


9.1 “Any member who is determined to have violated the Constitution, the Code of Ethics,
the scope of practice, policies, or other governing laws and regulations of the
association is guilty of professional misconduct.”
Complaints of misconduct shall be directed to the Board of Directors who will
subsequently follow procedure as directed in the document “M.A.T.A. Code of Ethics”. If
satisfactory resolution of the issue cannot be met the M.A.T.A. or the involved
member(s) shall have the right to defer forward any and all complaints to the national
association (C.A.T.A.).

10. Committees


10.1 The Board may appoint annually from amongst its members, the committees, and from
amongst members of the Association, from time to time, such other committees as may
be necessary and desirable.


11. INTERPRETATION:


11.1 In all by-laws of the Association, and in this Constitution, where the context so requires
or permits, the singular shall include the plural, and the plural the singular, and the
masculine shall include the feminine, and the feminine the masculine, and the word
“person”, shall include individuals, firms, and corporations.


11.2 In the event of dissolution of the Association, all assets, remaining following the
payment of all debts and liabilities, shall be distributed to a not-for-profit or charitable
organization having similar objectives to those of the Association.

Dated this day of , 20 .
Witness the corporate seal of the Association.
MANITOBA ATHLETIC THERAPISTS ASSOCIATION, INC.

President

(10) M.A.T.A., Revised February 2018