CONSTITUTION
of the
CANADIAN TRAKEHNER HORSE SOCIETY
Approved by Agriculture Canada, January 29, 1996
1.NAME
The association shall be the Canadian Trakehner Horse Society
. 2. OBJECTS
To establish, maintain and operate a society of breeders, owners and
friends for the promotion and preservation in Canada of the warmblooded
horse of Trakehner origin;
-to maintain a public registry under the Canadian Livestock Records Corporation of Trakehner horses;
-to mark or brand approved stallions, mares and foals;
-to disseminate information to breeders, owners, and friends pertaining
to the breeding and raising of Trakehner horses;
-to promote the performance of the Trakehner horses in dressage, three-day
eventing, driving, hunting and jumping;
and generally do all things appropriate to encourage a public understanding
of the Trakehner horse, its breeding and performance.
a.Voting:
i. Annual Member shall be those individuals who pay the prescribed annual Membership fee.
ii. Family, Partnership or Corporate Members shall be those individuals, not more than 3, who pay the prescribed Family,Partnership or Corporate Membership fee.
iii. Life members shall be those individuals who have paid the Life Membership fee.
b.Non-voting:
i. Honorary Members: the Society may appoint Honorary Life Members at a general meeting if the Board of Directors have by resolution named the proposed member or members and recommended that such appointment be made. Such Honorary Members shall take no part in the management of the Society.Their position shall be purely honorary
ii. Associate Members shall be those members who pay the annual Associate Membership fee. Associate members shall be subject to the rules and regulations of the CTHS and shall enjoy all privileges, excluding the Registration of animals, voting and holding office.
Application for annual membership shall be in writing. Each applicant on becoming a member shall agree to be bound by the Constitution and Amendments thereto and all Rules of the Society, but the Society shall have power to reject any application for membership.
Application for partnership or incorporated company membership shall specify the person authorized to act or sign for the partnership or company. A member of a partnership or company other than the person mentioned in the application, may be authorized by the partnership or company to act at any meeting of the Society.
All members in good standing shall, as a matter of contract and except as hereinafter provided, enjoy the same rights and privileges and be subject to the same liabilities as the original incorporators of this Society. No member who is in arrears of membership or other fees or dues shall enjoy such rights and priviliges.
A member in good standing is a member who has complied with the regulations as hereinafter set forth and who is not in arrears of membership dues or fees, or who has not been suspended.
The financial liabilities of any member of the Society shall be limited to the amount due from him in respect to his membership and registration fees only.
A member may, provided he is not in arrears for membership or other fees or dues, at any time resign from membership in the Society by giving notice in writing to the secretary of his intentions to do so, but membership shall not terminate until the end of the then current membership year.
No member shall hold office or be entitled to vote at a meeting or give notice to amend this Constitution if at the time he is in arrears of membership or other fees or dues, and no applicant shall be entitled to vote until his application for membership has been accepted.
The Board of Directors shall have the power to suspend or expel any member who fails to observe any rule or regulation set forth in this Constitution or whose conduct is, in the opinion of the Board, prejudicial to the interests of the Society. A member so suspended or expelled shall, after the expiration of sixty days, have the right to apply to the Board of Directors for reinstatement, and shall, on application, be reinstated at the next meeting of the Board provided that two thirds of the members of the Board present vote in the affirmative. If the Board of Directors refuses to reinstate a person suspended or expelled from membership, such a person shall have the right to apply for reinstatement by the next succeeding general meeting, but reinstatement by a general meeting shall be only by a vote of two-thirds of the members present and voting.
Any person expelled from membership by any other Association incorporated under the Animal Pedigree Act, shall not be eligible for membership in this Society and if he is a member at the time of such expulsion his membership shall thereupon forthwith terminate automatically.
On the report of the Board of Directors of a charge against any person which may result in suspension or expulsion, the charges shall be laid before a meeting of the Board of Directors and the person so charged shall have fifteen days notice in writing of such meeting and be given the right to be heard.
The membership year and the fiscal year of the Society shall be January 1 to December 31.
The head office of the society shall be at such a place as the Board of Directors may determine, but its members may be residents of any province, territory or country. The office for the registration of pedigrees shall be the office of the Canadian Livestock Records Corporation in the City of Ottawa, Ontario and under the supervision of the Canadian Livestock Records Corporation Board of Directors.
i. Directors:
The affairs of the Society shall be conducted by a Board of 8, consisting of the President, Vice-President and 6 Directors who shall hold office for one year or until their successors are elected.
The Directors shall have the power to fill vacancies which may occur among the officers through resignation, death, or other causes.
The Directors or a minimum of 2 or 3 of their number shall act as the Executive,
Branding, Inspection or Approval Committee.
ii. President:
The President shall hold office for one year or until his successor is elected.The duties of the president shall be to preside at all meetings of the Society and the Board of Directors and of the Executive Committee, to exercise a general supervision over the affairs of the Society, and generally do all matters, acts and things as are usually done by Presidents of similar organizations. He shall be a member of all Committees.
iii. Vice-President:
The Vice-President shall hold office for a similar term, and in his absence,
perform all the duties of the President.
The Board of Directors shall from time to time as occasion may require,
appoint a Secretary and a Treasurer, or a Secretary-Treasurer, who shall
act under the control and with the approval of the Board of Directors.
i. The Secretary:
The duties of the Secretary shall be to attend all the meetings of the Society and the Board of Directors and of the Executive Committee and to keep exact Minutes of the proceedings of same and to do such other things as may be delegated to him by this Constitution, the Board of Directors, or the Executive Committee.
ii.The Treasurer shall deposit all monies received by him in a chartered bank to the credit of the Society, and shall pay same out again by cheque only, countersigned by the President or other authorized officer.
He shall deposit for safekeeping all securities owned by this Society in a safety deposit vault as may be approved by the Board of Directors and shall withdraw same only on the order of the President or other officer named by the Board of Directors.
He shall be bonded in such amount as may be required from time to time by the Board of Directors.
He shall keep proper books of account and shall furnish from time to time such statements in detail of the affairs of the Society or such other matters as may be directed by the Board of Directors or the Executive Committee.
c. Election Procedures:
-rotate 2 Directors annually, beginning with the most senior;
-Directors' term be limited to 4 years but they may stand for re-election.
Criteria for Directors:
-must be a regular or life member in good standing for
at least 3 years;
-own a CTHS registered Trakehner horse.
Criteria for President:
- must have served as a Noational Director;
- be a member in good standing;
- own a CTHS registered Trakehner.
Nominations:
- person making the nomination must be a regular member in good standing;
- Seconders, 2 in number must also be full members in good standing;
- Nominations must be in writing (not email) and must
reach the CTHS
office by specified deadline.
Election ballots will be mailed out to all full members and must be returned to the CTHS within the specified deadline.
Where only 2 Directors have been nominated they will be considered
elected by acclamation.
d. Auditing:
The Society at each Annual General Meeting shall appoint an Auditor or
Auditors, and fix their remuneration. His or their duty shall be to examine
the books of account of the Society, vouchers for all payments and certify
the usual statements of receipts, expenditures, assets and liabilities, for
the year, for presentation to the next General Meeting.
e. Registrar:
The Canadian Livestock Records Corporation shall assign to this Society a person to act as Registrar. The duties of the Registrar shall be similar to the duties of other Registrars in the employ of the Canadian Livestock Records Corporation.
f. Pedigree Committee:
The President or his representative, the Secretary and the Registrar shall be a Committee to authorize change of ownership and registration of pedigrees where signatures and information are for any reason unobtainable. The decision of the Committee, if unanimous, shall be final. If the Committee is not unanimous, the matter in question shall be submitted to the Board of Directors for decision. This Committee or the Board of Directors shall have no powers to authorize the registration of any animal, unless the pedigree of breeding submitted complies to all particulars with the rules of eligibility for registration as outlined elsewhere in this Constitution. All decisions of the Committee shall be submitted to the Board of Directors and shall be incorporated in the minutes of their next meeting.
g. Executive Committee:
A copy of the minutes of each executive meeting shall be forwarded to each
Director and the Director of the Canadian Livestock Records Corporation.
h. Representatives:
Representative(s) to organizations asking that such be appointed, shall
be appointed at the Annual General Meeting, but if for any reason any of these
are not so appointed, the Board of Directors shall have the power to appoint
the same. Representatives to the Canadian Livestock Records Corporation Board
of Directors shall be appointed by the Board of Directors.
i. Provincial Clubs or Associations:
The CTHS may appoint Provincial Directors who may organize Provincial Clubs or Associations under a Constitution approved by the Board of Directors. The activities of any such Provincial Club or Association shall be confined solely to its own provincial interests and shall not conflict in any way with the activities of this Society.
NOT MORE THAN ONE PROVINCIAL CLUB OR ASSOCIATION IN EACH PROVINCE SHALL BE ORGANIZED.
The Annual General Meeting of the Society shall be held at such time and place as decided upon by the Board of Directors of the Society. Other general meetings shall be held at the time and place fixed by the Board of Directors or the Executive Committee. A notice of at least 30 days in advance shall be given by post, indicating the time and place of the meeting. This notice shall be given by a circular letter postage prepaid to each of the members at his last known post office address appearing on the books of the Society. In the event of the Society publishing an official organ, a notice published therein shall be deemed sufficient. A copy of the notice calling an Annual or General Meeting shall be forwarded to the Minister of Agriculture for Canada and to the Director, CLRC, in a like manner as to the members of the Society.
Notice of the meetings of the Board of Directors other than the one immediately
following the Annual General Meeting shall be mailed postage prepaid to each
one of them 10 days at least,before the date of meeting to his last known
post office address appearing on the books of the Society, or by telephone
or telegraph at least 7 days before the date of the meeting.
A meeting of the Board of Directors may be held on shorter notice or without notice providing all Directors have given their consent to the meeting being held. A minute of such consent shall be entered in the minutes.
Notice of meeting of the Executive Committee shall be mailed postage prepaid to each member thereof 5 days at least before the date of the meeting to his last known post office address appearing on the books of the Society.
Meetings of the Executive Committee may be held on shorter notice or without written notice providing all have given their consent to the meeting being held. A minute of such consent shall be entered in the minutes.
For the transaction of the business of the Society at the Annual or other General Meeting a quorum shall be six (6), at a meeting of the Board of Directors a quorum shall be three (3).
A copy of the minutes of all meetings of the Board of Directors and of
the Executive Committee shall be mailed within 10 days following such meetings
to each director, and to the Director, CLRC. Such minutes shall stand approved
if no objection is raised within 7 days by anyone who was in attendance at
such meeting.
The order of Business at all Annual General Meetings shall be as follows:
1. Identification of members
2. Reading of Minutes of previous meeting
3. Reports of officers, directors, committees
4. Correspondence
5. Unfinished business
6. If Annual Meeting, election of auditors.
7. New Business
8. Adjournment
The above order with the exception of 1. Identification of Members may
be changed at the pleasure of the meeting assembled.
The Board of Directors at each Annual General Meeting shall submit a complete report of its acts and of the affairs of the Society. It shall present a detailed statement, duly audited, of the receipts and expenditures of the preceeding year and of the assets and liabilities of the Society. A copy of this report, a list of the officers elected and the representative(s) to the CRLC Board of Directors, also general information on the affairs of the Society shall be sent to the Minister of Agriculture for Canada and to the Director, CLRC, within 20 days after the Annual General Meeting. A copy of the Annual Report shall be mailed to each member in good standing.
9. EXPENSES, INCOME AND PROPERTY:
The income and property of the Society from whatever source derived, shall be applied solely towards the promotion and furtherance of the objects of the Society and no part thereof shall be paid or transferred as profit or gain to members of the Society, past, present or future, or to any person claiming through any members, provided,however, that nothing herein contained shall prevent the bonafide payment of remuneration to any Secretary, Treasurer, Registrar, Officer or Servant or other person or persons for Services rendered the Society, whether such are members of the Society or not, and the expenses of the Directors or other officers incurred in doing business of the Society.
The Society shall with other organizations comprising the Canadian Livestock
Records Corporation Committee pay to the Canadian Livestock Records Corporation
a proportionate amount of the expense of conducting the Canadian Livestock
Records Corporation Office.
The Society shall cause a book to be kept by the Secretary of each Provincial Club or Association, if any, wherein shall be contained a copy of the Constitution so that persons becoming members of the Society may at all reasonable times examine the same.
This Constitution may be amended at any Annual General Meeting of the Society by the affirmative vote of 2/3 of the members present, but no amendment shall be valid until approved by the Minister of Agriculture for Canada, and filed at the Department of Agriculture of Canada.
Notice of all proposed amendments shall be given to the Secretary 60 days
in advance of any Annual General Meeting and they shall be included in the
Notice calling such meeting, otherwise they shall have no power to deal with
same.
a. All fees shall be paid to the Canadian Trakehner Horse Society in Canadian funds which shall be forthwith deposited in a chartered bank by the Treasurer to the credit of the CTHS.
b. In the case of fees being received by the Canadian Livestock Records Corporation these fees shall be forthwith sent to the CTHS for deposit.
13. CORPORATE SEAL
The seal as stamped on the margin hereof, shall be the corporate seal of
the Society and shall be in the charge of the Secretary.
14. CTHS BRAND
The CTHS Brand as stamped below shall be the official brand of the
Society
and shall be in the charge of the Branding Committee.
a. Two registers shall be kept at the offices of the Canadian Livestock Records Corporation. One register shall be called the Canadian Trakehner Horse Register, the other, the Canadian Trakehner Horse Stud Book. Both shall be published by the Canadian Livestock Records Corporation at such time as decided by the Board of Directors, in such form as the information on office duplicates of certificates of registrations issued, warrant.
b. There shall be furnished by the Canadian Livestock Records Corporation for all living animals registered a Certificate of Registration on the form adopted by the Canadian Livestock Records Corporation Board of Directors. The Pedigree shall be in such form as decided by the Board of Directors. The CTHS Certificate of Breeding, also called the Pink Certificate will be issued after the foal has been inspected and branded.
c. All certificates of registration shall be submitted for approval of the officer appointed for that purpose by the Minister of Agriculture for Canada.
d. Any person prohibited from recording pedigrees by any other organization incorporated under the Animal Pedigree Act, shall not be allowed to record pedigrees in the Canadian Trakehner Horse Register or Stud Book.
e. The Directors of the Canadian Livestock Records Corporation shall have power for any cause which in the opinion of the Board seems proper, to refuse applications for registration or transfer from any person whether a member or not.
Any such action taken by the CLRC Board of Directors under this provision shall be immediately reported to this Society.
The CLRC Board of Directors may refuse to accept the signature of any person
on an application for registration or transfer whether a member or
not, pending action of the CTHS Directors or a General Meeting of this Society.
The identification of all the horses for registration shall be by
exact description of colour, colour of mane and tail, and indication of all
markings, scars and brands, in writing, signed by the owner, and accompanied
by a Breeders' Certificate, in writing, signed by the owner or authorized
representative of the stallion owner giving service. ( The signature
of the authorized representative is not acceptable unless a Power of Attorney
form is on file at the CLRC).
Names of foals shall begin with the same letter as the dam's name. Names
shall contain no more than 25 letters, including spaces, hyphens, apostrophes
or periods.
A change of name will only be permitted where the animal has no registered
offspring.
Animals from other countries shall be registered with the same name that they had in the country from which they came.
The Society reserves the right to refuse any name which may be misleading as to the origin or relationship of an animal, or which conflicts with the name of any registered animal.
The following names shall not be used:
Names of members of the royal family or leaders of national governments of
the day.
Names whose spelling or pronounciation is similar to names already in use.
Names of famous horses.
There shall be kept by each breeder a private record which shall contain full particulars of his breeding operations.This record shall at all times be open to the inspection ofofficials of the Society, officials of the Department of Agriculture and officials of the Canadian Livestock Records Corporation.
19. STANDARDS FOR REGISTRATION
Standards for registration may from time to time, as occasion may require,
be made in a manner determined by the Board of Directors of this Society.
a. A suspended member is a member who has been suspended by the Board of Directors or who automatically suspends himself because he has not conformed to the rules and regulations of this Society, or who, as a member has been placed on probation by the Canadian Livestock Records Corporation.
b. A suspended registration is a registration of pedigree or transfer
that has been placed under suspension by the Board of Directors or by the
Canadian Livestock Records Corporation on account of some irregularity, such
suspension to remain until same has been lifted by the resolution of the
Directors of the Society.
21. GENERAL RULES OF
ELIGIBILITY FOR REGISTRATION OF HORSES
Horses where the % of Trakehner blodd falls below 25%
are not eligible for CTHS registration.
The following may be eligible for registration:
a. CANADIAN TRAKEHNER HORSE REGISTER
i. Animals conceived and born in Canada, the progeny of animals registered in the Canadian Trakehner Horse Stud Book.
ii. Horses of Trakehner origin by a Trakehner stallion out of a Trakehner mare with documented pedigree of four generations.
iii. Anglo-trakehner horses by a stallion of Trakehner origin with a documented pedigree of four (4) generations, out of a thoroughbred mare registered with the Jockey Club and approved by the Executive or Approval Committee.
iv. Arab-Trakehner horses by a stallion of Trakehner origin with a documented pedigree of four generations and out of an arabian mare, registered with the Canadian Arabian Horse Registry or the Arabian Horse Registry of America, Inc.and approved by the Executive or Approval Committee.
v. Imported animals registered with the German Trakehner Verband, the American Trakehner Association, the North American Trakehner Association or any other recognized Trakehner Society subject to inspection by the Executive or Approval Committee.
vi. Animals whose dams are registered in the CTHS and whose sires are registered
in the Stud Book of the German Trakehner Verband or the American Trakehner
Association upon payment of the appropriate
fee, subject to inspection by the Executive or Approval Committee.
b. CANADIAN TRAKEHNER HORSE STUD BOOK
i. All Trakehner fillies registered with the Society, having a minimum size of 15.1 hands at the age of 2 1/2 years, showing the dominant characteristics of the Trakehner Breed, shall be granted approval as broodmares and upon recommendation by the Executive or Approval Committee be included in the Official Canadian Trakehner Horse Stud Book.
ii. All Trakehner colts by a Trakehner stallion out of a Trakehner mare,
registered with the Society, having a minimum size requirement of 15.3 hands
at the age of 2 1/2 years, shall be granted Breeding Stallion approval, provided
the stallion has no obvious faults, and the Executive or Approval
Committee concludes that the colt is suitable to become a breeding
stallion and has the prepotency to produce horses which will meet the minimum
standards of the Breed, and shall be included in the official Canadian Trakehner
Horse Stud Book.
iii. A limited number of outstanding, registered arabian, thoroughbred,
Trakehner/arabian or Trakehner/thoroughbred horses may be registered with
the CTHS to be used with Stud Book Trakehner horses to refine or upgrade,
subject to inspection and approval by the Executive, Inspection or Approval
Committee.
iv. Any Mare or Stallion can be disqualified and removed from the Canadian Trakehner Horse Society stud Book if 3 or more national inspectors agree that these horses produce 3 or more offspring that do not meet the minimum standard of the breed.
v. All colts & mares that are granted breeding approval (i.e. Stud Book Status) after 1995 must be bloodtyped before their offspring can be registered.
21.c. CANADIAN TRAKEHNER HORSE APPENDIX REGISTER
i. Part-Trakehners with verifiable Trakehner breeding but not eligible for the Canadian Trakehner Horse Register or the CTHS Stud Book.
22. APPLICATION FOR REGISTRATION
a. Applications for registration of animals born in Canada must be made by the person owning such animal, on forms supplied without charge by the Canadian Livestock Records Corporation, or the Canadian Trakehner Horse Society. All blank spaces must be filled in, in ink or typewritten, and the form must be signed in ink by the breeder or owner and owner of the service sire.
b. When an animal is a twin it shall be so stated when applying for registration and the sex given of the animal with which it is a twin. Should a twin be entered upon the record without such statement, no subsequent application for entry of animal twinned with same shall be accepted.
c. No two animals shall have the same name.
d. The breeder of an animal is the owner or lessee of the dam at
the time she was served. The first owner is the owner of the dam at the time
the animal in question was born.
23. TRANSFERS AND DUPLICATE CERTIFICATES
a. In case of the sale of a registered animal, the seller must
furnish a certificate of registration in the Canadian Trakehner Horse Society
showing the purchaser's ownership. Refusal
to do so on any pretext whatever, except under written agreement to the contrary,
shall be ground for expulsion, if a member of the Society, if not a
member, further applications for registration or transfers shall be refused.
b. Applications for change of ownership must be made in ink or typewritten
on forms supplied by the Canadian Livestock Records Corporation or the Canadian
Trakehner Horse Society and must give
date of sale and date of delivery, and in the case of a mare, if bred, service
certificate must be completed. Change of ownership will be endorsed on the
back of the origional certificate of registration which must be forwarded
to the Canadian Livestock Records Corporation with the application
for transfer of ownership.
c. A duplicate may be issued if the registered owner or his authorized agent files a statutory declaration on a form supplied by the Canadian Livestock Records Corporation in a satisfactory manner that the origional is lost, destroyed, or unobtainable.
d. The Canadian Livestock Records Corporation has authority to accept application for transfer from the purchaser, provided it is established to the satisfaction of the Canadian Livestock Records Corporation that every effort has been made to comply with the regulations pertaining thereto.
Fees payable for Membership, Registrations, and other services provided by the CTHS shall be voted on by the members at the AGM.
The SCHEDULE OF FEES shall be available to all members upon request and shall be published from time to time by the CTHS in its publications. The SCHEDULE OF FEES may be amended at the AGM by a 2/3 affirmative vote of the members present.
Any person not a member of this Society registering and transferring animals on the records of the Society shall be subject to the same rules and regulations as a member, except as otherwise provided for.
a. Any member who violates any rule or regulation of the Society automatically suspends himself from making further registration or transfer.
b. Registration or transfer of ownership of any animal is made on the understanding that the particulars given in the application are correct. If it is subsequently discovered that the particulars given were incorrect or fraudulent, the registration or transfer shall be suspended by the Canadian Livestock Records Corporation and cancelled by this Society. Pedigrees recorded incorrectly may be cancelled and rerecorded by the owner or by the Canadian Livestock Records Corporation at the expense of the original applicant for registration or transfer, but it is understood that neither this Society nor the Canadian Livestock Records Corporation shall be held responsible for any loss or damage that may be sustained through suspension, cancellation or correction of any registration or transfer.
c. When as a result of an inspection of the manner in which private records are being kept and identification practised by any breeder, it is shown that the regulations in that regard as laid down herein are not being observed, the Board of Directors may immediately suspend or expel such breeders, if a member, and if not a member, further registrations and transfers may be refused, and if identification system as practised by such a breeder are in such a state of confusion as to raise a doubt as to the identity of any number or all of the animals in the stud, the Board of Directors may suspend the pedigrees of any number or all horses standing in the name of such breeder.
The offences and penalties as set forth in section 63 and 67 inclusive of the Animal Pedigree Act, 1988 are applicable to all acts contrary to the regulations of the Society.
Section 1142 of the Criminal Code shall not apply to any proceedings in respect of any offence under this act.
Wherever the context permits in this Constitution the singular shall include
the plural and the masculine the feminine and the neuter.