......... 

......................STRAND 

PRESIDENT AND CHAIRMAN OF SENATE 

ELECTION TO THE BOARD OF GOVERNORS 

............ ...... 

FR

Q M

7 1 7 4 

?

MOTION: ? 

"That Senate recognizes its right to hold an 

election to the Board but waives that right in 

order that the person earlier elected continue 

in office on the Board to May 

SENATE 

To

ELECTION TO THE BOARD OF GOVERNORS 

FROM ... SENATE 

K.T. STRAND 

PRESIDENT AND CHAIRMAN OF SENATE 

MAY

, 20.,.1971 

1.

On January 18, 1971, Senate elected three members to the Board of Governors 

(G. D. Basham, F. D. Hodge, G. A. Sutherland) to replace N. Collins, A.F.C. 

Hean and J. K. Kenward for the balance of the terms of office, each toMay 

31, 1972. 

2.

At that time the term of office for G. D. Bàsham as Senator was due for expiry 

May 31, 1971. Election has been held for a replacement on Senate effective 

June 1, 1971, and G. D. Basham has been re-elected to Senate for the term 

June 1, 1971 to May 31, 1974. 

3.

Legal opinion has been sought as to whether an election to the Board is re- 

quired because of expiry of one term of office as Senator and commencement 

of a new term. The legal opinion received includes the following: 

"If in electing the individual to serve until May 31, 1972, Senate 

was unaware that the Senator's term would expire in the meanwhile, 

. ?

we believe that a new election should now be held. We do not have 

a copy of the minutes of the meeting, nor were we there. If, from 

your memory of the meeting, refreshed by such reference to the minutes 

as may be necessary, you believe that Senate consciously saw this 

point and waived its right to a second election then it would be un- 

necessary to have an election now. If you think the election was inad- 

vertent, then in our opinion a new election should be held to elect a 

Board member from the Senate." 

4.

An examination of the minutes of the Senate meeting-of January 18, 1971 gives 

no indication that statements were made concerning the Senate terms of office 

of any of the five Senator candidates for the three Board positions, and I am 

unable to state that Senate was conscious of an expiry date of any candidate 

prior to May 31, 1972. 

5.

Senate at this time could indicate that 

it wishes to instruct the Nominating Committee to bring forward 

a nomination or nominations for election to be held at the next 

meeting of Senate 

or

it could indicate that it recognizes its right to hold an elec- 

tion to the Board but waives that right in order that the person 

earlier elected continue in office on the Board to May 31, 1972. 

I recommend the following motion to Senate:- 

"That Senate recognizes its right to hold an election to the 

Board 

but waives that right in order that the person earlier 

elected continue in office on the Board to May 31, 1972." 