BREAKPOINT CONSTITUTION
Business number: 756640108 RT0001
Business name: 13657647 Canada Inc.; known as Break Point Club
GST # 756640108 RT0001
This constitution was adopted at the 13657647 Canada Inc. (aka Break Point Club) Annual General Meeting of March 15, 2022.
1. Name
The legal name of the organization is 13657647 Canada Inc. and the operating name of the organization shall be 'Break Point Club' (BPC), herein referred to as BPC.
2. Objectives
The objectives of the BPC are:
a) To operate and maintain the indoor gymnasium facilities and outdoor tennis courts leased to our tennis organization.
b) To affiliate with all, or any organizations of a similar nature as its own, as may be deemed necessary for the improvement of tennis for its members
c) To promote and coordinate interest in the game of tennis.
d) To seek additional summer space for students.
3. Executive Committee
The affairs of the club shall be managed by the Executive Committee (the Executive) that shall consist of the Officer & Chairperson, 4 Tennis Professionals, Scheduler, Operations Manager and Treasurer.
4. Officers
The Officers shall consist of the President & Chair.
5. Committees
The Standing Committees shall be named Tournaments, Private Lessons, Tournaments, Challengers, Website and Communication, & Financial Oversight.
6. Duties of the Officers:
Director of Tennis Operations:
The Director of Tennis Operations shall preside at all meetings of the club, propose the agenda for each meeting, and shall generally exercise such authority as is usually associated with this office. The president shall coordinate the work of the Executive Committee and Standing and Ad Hoc committees. The Director of Tennis Operations shall oversee BreakPoint''s communication with the membership, the public, and all levels of government. The President shall see that the Club complies with the policies of the leased & Permitted space.
The president shall be the liaison with the City of Toronto and other outside land use in seeking appropriate space in the summer.
Treasurer:
The Treasurer shall perform such duties as pertain to the office. These duties shall include maintaining the financial records of the club, and receiving and depositing all monies paid into the club. The Treasurer shall keep track of applications received and distribute payment to the Teaching Tennis Professionals. Further, the treasurer shall control the disbursement of funds to affiliate organizations including the Toronto & District School Board, and shall render an account of all transactions, including the financial position of the club, at all Executive Committee Meetings and at the Annual General Meeting.
7. Meetings
a) The Annual General Meeting (AGM) of the club shall take place in the month of March each year for the purpose of presenting reports, holding elections and discussing such business as may be brought forward. The reports shall include minutes from the last Annual General Meeting, the Financial Statement from the Treasurer, and reports from each Standing Committee and each Ad Hoc committee.
b) Winter Season: Executive meetings shall be held bi-monthly. There shall be a minimum of four meetings held each winter season (Sept, Nov, Jan, Mar). At each meeting the executive shall receive a report from each Standing Committee and Ad Hoc Committee, and a financial report from the Treasurer.
c) Summer Season: Should TLT Successfully acquire summer space; meetings shall be held monthly. (April, May, June, July, August)
8. Elections
a) Election of Officers, Members at Large, and Chairpersons of Standing Committees shall take place at the Annual General Meeting.
b) The Past-President, unless otherwise designated by the Executive, shall preside over the election.
c) Four weeks before the Annual General Meeting, the Nomination Committee shall determine which, if any, incumbent members of the Executive Committee choose to stand for re-election, and will call for nominations from the directorship.
d) Two weeks before the Annual General Meeting the Nomination Committee shall announce to the membership a slate of candidates for election.
e) One week prior to the Annual General Meeting the agenda shall be sent to the shareholders.
g) Should more than one person stand for any office, a vote by secret ballot shall be taken from members present at the Annual General Meeting. In such circumstance, a simple majority shall rule. In the event of a tie, further deliberation and voting shall be taken until the necessary majority emerges.
h) If an office is not filled by election at the Annual General Meeting, the Executive Committee shall have the authority to fill the position temporarily for the remaining balance of the year.
9. Term of Office
Elected Officers shall hold office for the duration of the fiscal year following the AGM. If duly nominated, Officers may stand for re-election at the Annual General Meeting, in the same or in a different portfolio. In the event that the President is elected for another term, then the Past President serves until the incumbent president steps down.
10. Vacancies
The Executive shall have the power to fill, by appointment, any and all vacancies that may occur between elections or at the time of the AGM.
11. Fiscal Year
The fiscal year shall run from January 8 to January 7 in each year.
12. Banking
TLT’s bank account shall be kept in Scotia Bank Chartered Bank. Cheques on the club’s account shall be signed, drawn, accepted or written as the case may by the Director. Cheques, cash, Interac e-transfers, or money orders shall be endorsed and deposited to the credit of the club’s bank account by one of the Treasurer or Director.
14. Amendments to the Constitution
Any amendments to this constitution must be made at the Annual General Meeting (held in March). Such proposed amendments must be submitted in writing to the Executive Committee at least two weeks prior of the Annual Meeting. All such amendments presented to the Annual Meeting shall require a two-thirds majority of those present to carry.
15. By-Laws
By-laws shall constitute the variable aspects of the club’s organization. Changes to the by-laws may be proposed by shareholders as long as such changes or new by-laws are submitted in writing to all members of the Executive Committee at least one week prior to an Executive Committee Meeting. Any changes or new proposed by- laws shall be voted on by the Executive Committee and shall require a two-thirds majority of voting Executive members to carry.
16. Club’s Termination
Upon dissolution of TLT, remaining funds, after provision has been made for any outstanding expenses, shall be paid according to creditors and shareholders.
BY-LAWS of BreakPoint
BY-LAW # 1 – The age-determining date for members of the club (where required) shall be January 1 of the calendar year.
BY-LAW # 2 - Any resident of the city of Toronto or the GTA may take a lesson as per the Toronto & District School Board.
a) By registering for lessons online
b) By paying the fees as decided by the Executive.
c) The size of the student membership is currently limited to 600 students per winter season (combined) Senior, Adult, and Junior student membership.
d) A waiting list shall be maintained by TLT, if necessary. Persons on this list shall be notified and will be given the opportunity to become members when some of the previous registrants cancel.
BY-LAW # 3 - TLT shall belong to the Ontario Tennis Association. TLT shall pay the required dues.
BY-LAW # 4 - A copy of the year’s Financial Statement, as well as minutes from the last Annual General Meeting, shall be submitted to the CRA R of each year or other dates as required by the City.
BY-LAW # 5 - There shall be a Maintenance Committee to maintain and keep in good repair all the facilities and articles leased to TLT to ensure safety for all members. The committee shall advise the executive of the need for any upgrades and improvements, and shall advise the treasurer of the budgetary requirements of the capital reserve.
BY-LAW #6 – There shall be a Student Membership Committee to maintain and promote TLT lessons and events via forms, brochures, and notices of the club’s events, work with the Treasurer to keep track of applications received, and keep a database of the current membership list and assign/activate Game Time access to members.
BY-LAW #7 – There shall be a Social Committee to coordinate social events and activities, as decided by the Executive and to inform the Web and Communication Committee of all social events.
BY-LAW #8
1. a) There shall be a Website and Communication Committee to coordinate with the other executive to update the website with brochures, with appropriate information about upcoming events and programs, to send out mass emails, to post photos of recent events, monthly calendars, and links.
2. b) The Committee shall manage the technical issues of the website and advise the executive of possible improvements available or limitations of the program being used. The committee can conduct data analyses if requested by the Executive.
BY-LAW # 9 - There shall be a Junior Program Committee responsible for overseeing all aspects of junior programming: organizing junior lessons, junior clinics, and junior tournaments.
BY-LAW # 10 - There shall be an Adult Program Committee responsible for organizing all aspects of adult programming: adult lessons, adult clinics, and adult tournaments.
BY-LAW # 11
The Treasurer shall make available to these Overseers all bank statements and membership files as well as the current Financial Statement.
BY-LAW # 12-There shall be a Nomination Committee chaired by the past president to present a slate of officers to be elected at the AGM
By-Law # 13 – There shall be Tennis Professionals hired each year by the Executive Committee. This shall be a paid position, with the hourly rate of pay and duties determined each year by the Executive Committee.
BY-LAW # 14 – The Club shall have the following playing hours for the courts:
a) Winter: 6 p.m. to 10 p.m. daily during the week
b) Winter: 7 a.m. to 11 p.m. daily during the weekend
c) Summer: as determined by availability
