BY-LAW NO. 1
A by-law relating generally to the transaction of the affairs of the
KITCHENER-WATERLOO OLDTIMERS’ HOCKEY CLUB INC.
Be it enacted as a by-law of the Kitchener-Waterloo Oldtimer’s Hockey Club Inc.(hereinafter called the “Corporation”) as follows:
The Directors appointed for the first year of the Corporation operation shall vote before the end of their year of office, to determine which two members of the Board shall not be eligible for election in the next succeeding year. The vacancies thus created shall be filled by the election at the Annual Meeting of Members of a minimum of two Directors, one of whom shall be required to have served on one of the Committees of the Corporation.
The President shall act as the Chairman of all meetings and in the absence, a Vice-President or Director designated to act as such during the period in question, shall occupy the chair.
The Board of Directors may, from time to time, enact or pass by-laws not contrary to law or to the Charter of the Corporation and may repeal, amend or re-enact by-laws of the Corporation, but every such by-law (excepting by-laws made respecting agents, officers and servants of the Corporation and such by-laws as the provisions of the laws governing the Corporation require to be sanctioned, approved or confirmed by the members before becoming effective), and every repeal, amendment or re-enactment thereof, unless in the meantime sanctioned at a special general meeting of the members of the Corporation duly called for that purpose, shall have force only until the next Annual General Meeting of the Members of the Corporation and in default of confirmation thereat shall, at and from that time only, cease to be in force.
Without in any way derogating from the foregoing, the Directors are expressly empowered, from time to time, to purchase, lease, or otherwise acquire, alienate, sell, exchange or otherwise dispose of, bonds, debentures, shares, stocks, or immovable or mixed, real or personal, or any right or interest therein, owned by the Corporation, for such consideration and upon such terms and conditions as they may deem advisable.
All Acts done at any meeting of Directors or by any persons acting as a Director, so long as his successor shall not have been duly elected or appointed, shall not with-standing that it be afterwards discovered that there was some defect in the election of Directors or the person acting as aforesaid or that they or any of them were disqualified, be as valid as if the Directors or such other person, as the case may be, had been duly elected and were or was qualified to be a Director or Directors of the Corporation.
The Directors of the Corporation shall determine remuneration of employees of the Corporation.
Every Director and Officer of the Corporation, his heirs, executors and administrators, estate and effects, respectively, shall be indemnified and saved harmless out of the funds of the Corporation, from time to time and at all times, from and against:
(a) all costs, charges and expenses whatsoever which such Director or Officer sustains or incurs in or about any action, suit or proceeding which is brought, commenced or prosecuted against him for or in respect of any act deed, matter or thing whatsoever heretofore or hereafter made, done or permitted by him, in or about the execution of the duties of his office, and (b) all other costs, charges and expenses which he sustains or incurs in or about, or in relation to the affairs thereof except such costs, charges or expenses as are occasioned by his own Fault; and the Corporation consents to the indemnification provided for herein.
The president will be elected annually for a period not to exceed two (2) years. When a new President is appointed, the current President will then hold the office of Past President. The Immediate Past President will become a director with voting privileges. A Past President will again be eligible to become a director following the expiration of his term as Past President. Under no circumstances will any individual hold the Office of the President more than once in a five year period.
PRESIDENT – the President shall be chosen from among the Directors. He shall preside at all meetings of the Members and at all meetings of the Board of Directors. He shall be the Chief Executive Officer of the Corporation and if no General Manager or Managing-Director is appointed, shall exercise a general control of and supervision over its affairs.
The President shall appoint a nominating committee consisting of the Immediate Past President, two present Directors and two regular members in good standing to present a list of candidates for election to office for the following year, this slate of nominations shall be submitted to each member at least two weeks prior to the Annual General Meeting. Further nominations may be made for Directors provided they made it writing by two members in good standing and be in the hands of the Secretary at least three days prior to the Annual General Meeting.
The President shall appoint such special committees as he considers necessary at any time or, on the majority vote of the members present at any meeting, he shall appoint committees as they direct,
VICE-Presidents – The Vice-President shall have such powers and duties as may be assigned to them by resolution of the Board of Directors. In case of the absence or disability of the President, the 1st Vice-President or the 2nd Vice-President in his absence may exercise the powers and perform the duties of the President and if such Vice-President shall exercise any of the powers or perform any of the duties of the President, the absence or disability of the President shall be assumed.
GENERAL MANAGER or MANAGING DIRECTOR – The Directors may appoint, from time to time, a General Manager of the Corporation. He shall manage the affairs of the Corporation and shall exercise such powers as may be prescribed, from time to time, by resolution of the Board of Directors, and such authority may be either general or specific.
All cheques, drafts or orders for payment of money and all notes and acceptances and bills of exchange shall be approved by the Treasurer and the President and paid by the Corporation.
The financial statements of the Corporation will be prepared annually by the accountants of the Corporation as appointed annually by the members.
All new members must be residents of the Regional Municipality of Waterloo, however the Directors may, at their sole discretion, admit member applicants who are not residents in the Regional Municipality of Waterloo if in the opinion of the Directors, such action is in the best interest of the Corporation.
The directors shall have full power and authority from time to time to pass resolutions establishing and/or changing the criteria for membership, in, or the expulsion of members from the Corporation.
All members must be 35 years of age and over during the first half of every hockey season, which is prior to January 1, in order to play hockey. Exceptions made be made by the Executive with the provision that no age eligible member or prospective member may be excluded.
All playing members must declare their intention of remaining as such before June 30 of each year. Any member failing to do so, and wishes to play again at a later date, will have his name placed on a waiting list. All applicants will be accepted on a first-come first-served basis.
Applicants for membership shall be submitted each year to the Membership Director with the annual fee.
Applications may be refused by the Directors without the necessity of giving or recording reasons. All dues and fees tendered with such application shall be returned to the applicant.
All persons desiring membership shall be required to sign an application in a form prescribed by the Board of Directors of the Corporation, containing such affirmations and undertakings as are deemed appropriate by the Board of Directors.
The membership rights of the applicant shall not come into existence until approved by the Board of Directors.
The Disciplinary Committee appointed by the Board of Directors shall have full power in the enforcement of rules and regulations of the game of hockey, and members not complying with such rules and regulations will be subject to suspension of game(s) or the remaining hockey season.
Any member of the Corporation whose annual dues are not paid within the period set forth by the Directors, may be suspended by the Directors from the privileges of membership.
A special General Meeting of Members may be called by the President, the Board of Directors or at the written request of ten (10) members of the Corporation. At such a meeting, no other business than that specified in the notice shall be transacted.
Ten (10) days clear notice shall be given to each Member of such Special General Meeting, such notice being given by mail/email to the address of each member as it appears on the register of the Corporation.
Any proposed changes to the by-laws, regulations and playing rules must be submitted by April 10th of the current year.
Any promissory notes or other negotiable paper (including renewals thereof in whole or in part) signed on behalf of the Corporation by the Officer or Officers of the Corporation authorized from time to time to sign negotiable instruments in its behalf and granted to said financial institution for the monies so borrowed and interest thereon as may agreed upon shall be binding upon the Corporation.
The Directors may from time to time, if they see fit to do so, grant securities by way of mortgage, hypothecation or pledge covering all or any property and assets of the Corporation as security for all or any monies borrowed by the Corporation from a financial institution or any other liability of the Corporation to the financial institution, and any such mortgage, hypothecation or pledge shall be valid and binding upon the Corporation, if signed by any of the Officers authorized to sign negotiable instruments on the Corporation’s behalf.
All contracts, deeds, grants, assurances and documents reasonably required by said financial institution or its Counsel for all or any of the purposes aforesaid, shall be executed and carried into effect by the proper officers of the Corporation, and when necessary the seal of the Corporation shall be affixed thereto.
This resolution when sanctioned by the Members shall be irrevocable until a resolution repealing the same shall have been confirmed or sanctioned by the Members and a copy thereof duly certified under the seal of the Corporation delivered to the said Financial Institution and meanwhile all the powers and authorities hereby conferred shall continue in force.
The Corporation may use the whole or any part of its funds at any time and from time to time in the purchase of stock or other securities of any Company or Companies.
The Board of Directors may borrow funds, on behalf of the Corporation, from any lender or lenders, under any conditions which the Board of Directors may determine by resolution, provided however that such borrowing be exclusively for the purposes of the Corporation’s exercise of its lawful powers and providing further, that any borrowing shall not exceed ten thousand dollars ($10 000.00) in any unrelated instance. Borrowings in excess of ten thousand dollars shall require prior authorization by resolution of the Members at a Special General meeting, the notice whereof shall contain a fair statement of the purposes of the proposed borrowing.
The Board of Directors may apply for recognition by the Federal and Provincial Governments that donations to The Corporation shall be deductible for the purpose of Income Tax.
Passed by the Board of Directors and sealed with the Corporate Seal this 19th day of February, 1979.
The K-W Oldtimer’s Hockey Club has been formed for the enjoyment, participation and to exemplify sportsmanship of its members and it is expected that no circumstance will occur that requires a penalty. However, in the heat of competition, incidents will occur and it is necessary to highlight the offences which are in addition to the normal playing rules of hockey.
The purpose of Oldtimer”s hockey is to provide recreation enjoyment for its members in a game that is played safely and fairly within the rules. The name of the game is FUN for all members and winning is secondary.
Each captain should endeavour to provide equal ice time for all members of his team.
In summary, the basic philosophy and purpose of the K-W Oldtimer’s Hockey Club is: to enhance fellowship, to relieve daily stresses and to increase a person’s general health and well being.
Note 2: The automatic addition of a Game Misconduct (per the CARHA Rulebook) will not be assessed with Major penalties.
(c)(i) – Match Penalties – as defined per the CARHA Rulebook: Any player incurring a match penalty shall be ordered to the dressing room immediately for the balance of the game and will not be permitted to take part in any further games until his case has been heard by the Discipline Committee. In every instance where a match penalty is assessed, the player receives a 5 minute penalty plus any other penalties assessed at that stoppage of play. Note: Team mates serving the player’s penalty may be changed at a stoppage of play, but as long as the penalty time is still on the clock, someone must serve the penalty time, subject to penalty cancellation.
All major penalties and misconducts will be assessed by the Discipline Committee to determine if further suspensions are necessary.
(d) Accumulation of penalty minutes in a single season (including playoffs).
* 20 minutes accumulation – 3 game suspension.
* 30 minutes accumulation – 5 game suspension.
NOTE 1: If accumulations are reached during playoffs, suspensions commence immediately. If the suspension cannot be served during the playoffs, the suspension will continue until the next regular season and will be served until the suspension is complete.
NOTE 2: For pool players, a one game suspension is equivalent to one game for the team the poolie is assigned to, or about to be assigned to and he cannot play for any other team. Similarly, a three or five game suspension for 20 or 30 minutes will cover 3 or 5 games for the currently assigned team or the team he is about to be assigned to, and he cannot play for any other team during the suspension period.
NOTE 3: All players are susceptible to normal match (major and misconduct) penalty suspensions in playoffs.
NOTE 4: Players who reach 20 minutes in 3 seasons in succession, will have their application for the next season reviewed by the Disciplinary Committee.
Players who reach 30 minutes in 2 seasons in succession will not have their application renewed for the following season. If a player wishes to rejoin the league the year following the suspended year, the applicant will be accepted on a full-time playing status provided there is a position available. If a player who, in one season, has reached 30 minutes and in the following season has reached 20 minutes and decides to drop out of the league for the remainder of the schedule without justifiable reason, his application for the following season would then go before the Disciplinary Committee.
NOTE 5: Team captains that become aware of any major suspensions during the game or accumulation of penalties which will result in suspensions must notify their divisional convener. The Divisional convener will report their findings to the Chair of the Discipline Committee. The Chair of the Discipline Committee will confirm the suspension and advise the offending player accordingly. Suspended players will receive correspondence by email or telephone by the Chair of the Discipline Committee instructing the player which games they must sit out. A copy of the suspension notice will be sent to the suspended player’s team captain and divisional convener and the rest of the Discipline Committee members.
(e) Any player receiving a suspension of any amount of games or the remaining scheduled season does not qualify for any financial reimbursement from the K-W Oldtimer’s Hockey Club.
(f) Use of wrist shots only. No slap shots permitted. If a slap shot is used, a minor penalty will be assessed, and the face-off will be brought back to the offending team’s end. Definition of a slap shot: if the stick is raised off the ice and behind the heel of the skate, and contact is made with the puck.
(g) No body checking of any kind will be tolerated, including playing the man, under any circumstances. A minor penalty (or major penalty if there is intent to injure), shall be called by the referee based upon the violence of impact with the opposing player. The penalty shall be assessed against any player who intentionally pushes, shoves or stands in front of and does not avert body contact with an opponent.
(h) Referees are to whistle the play dead immediately when they lose sight of the puck. Under no circumstances shall an opposing player slash at or poke at the goaltender when he has possession of the puck, whether or not the whistle has blown. Penalty: minor or major (if attempt to injure).
(i) Referees are instructed to drop the puck immediately if they suspect one team, captain/coach, or player is causing unnecessary delay of the game. A two minute minor will be called if a team, captain/coach, or player is deliberately stalling, freezing the puck, shooting the puck out of the playing surface, the goalie holding the puck or throwing it out of the playing surface, or a team committing “a series of icings” thereby forcing a face-off.
(j) Only the captain or alternate can discuss with the referee rule interpretations or penalties imposed. If the captain or alternate is assessed a penalty, they lose the right to discuss with the referee any rule interpretations or penalties. Any coach/captain or player yelling from the bench will incur a two minute personal or bench penalty (to be strictly enforced).
(k) All officials on the ice are in power to call penalties. A full report of undesirable incidents is to be made by the referees and given to the referee-in chief immediately following the game.
(l) No protest of games played or officiating will be allowed under any circumstances.
(m) No profanity towards any official (e.g. referees, time-keepers, etc.) will be tolerated on or off the ice or from the bench. Such language will incur a Game Misconduct penalty. Subject will be reviewed by the Disciplinary Committee for further action.
(n) Three minor penalties to any player in the same game will require automatic expulsion from that game.
(o) ** Sticks are not to be carried above the shoulders. Contacting the puck with the stick above the normal height of the shoulders will result in a stoppage of play. The face-off will be in the end zone of the offending player.
(p) Puck in motion: The team in possession of the puck in its defending zone shall advance the puck towards the opposing goal except when preventing to do so by a player of the opposing team.For an infraction of this rule, play shall be stopped and the face-off shall be at either end of the face-off spot in the defending zone of the offending team. A minor penalty shall be assessed any player who deliberately holds the puck against the boards or any part of the goal in any manner, unless he is being checked by an opponent.
** Icing The Puck: Red Centre line does NOT exist, for an icing to be called the puck must be shot from inside the Blue Line of Defending Team and cross the opposing goal line. Whistle is blown as soon as the puck crossed the goal line (it does not have to be touched).
(q) A minor penalty shall be assessed any player who intentionally knocks, drops, or shoots the puck out of the reach of an official who is retrieving it.
(r) If, in the opinion of the referees, and after consultation with the team captains, play has become so rough that a brawl or serious injury could ensue, further play for that game may be suspended.
(s)(1) All teams will participate in their respective Divisional
(i) Playoffs will be a Round-Robin format. (ii) The highest place finishers in each division will meet in a championship game.
(s)(2) TIE BREAKING RULES IN DIVISIONAL PLAY
(i) Team with the most points (2 for a win, 1 for a tie) will be the winner.
(ii) If teams are still tied the team with the least penalties during the ROUND ROBIN (not penalty minutes) will be declared the winner.
(iii) If teams are still tied the team with the least penalties during the REGULAR SEASON (not penalty minutes) will be declared the winner.
(iv) If two or more teams are still tied, the team with the better head to head record during the round robin will be the winner.
(v) If teams remain tied as a result of i, ii, iii, iv above, then the team to be declared the winner will be determined by a flip of the coin in the presence of the convenor and the two captains or their delegates.
(vi) ** Tie Breaking Rules in Championship Games:
One 5 minute sudden death playoff period, running time. Each team will be given three penalty shots, unless the outcome is determined earlier in the shootout. After each team has taken three shots, if the score remains tied, the shootout will proceed to a “sudden death” format where each team shoots once, meaning each team gets an equal number of attempts to score. No player may shoot twice until everyone who is eligible has shot. If, however, because of injury or penalty, one team has fewer players eligible for the shootout than its opponent, both teams may select from among the players who have already shot.
(s)(3) RE: PENALTIES (Captains Please Note)
Take all measures to assure that your team members Individual penalty minute accumulations with appropriate suspensions is adhered to. (See bylaw 7d.)
If a suspended player plays, his team will forfeit a victory if It occurs and then given a losing score of 0-1. Whether the team wins or loses that player must serve his suspension in following game(s).
(t) If the puck strikes the face-mask, face or helmet of any player and as a result, that player is injured, stunned or otherwise significantly incapacitated by the impact of the puck, play may be immediately stopped at the discretion of the referee.
The following points should be kept in mind for each captain/coach:
1. Teams must have a minimum of six (6) and a maximum of fourteen (14) regular players dressed before an official league game can be constituted. Failing this, the game is lost by default and the two teams will be divided equally and play an exhibition game.
2. If a goalkeeper is absent from his regular game, another goalkeeper may be borrowed from any other team in the league.
3. No player, coach, captain or manager may participate in the game if he is under the influence of alcohol.
4. All coaches/captains and managers must be approved by the executive in order to fill the position.
5. Any suspended player may not participate in on-the-ice or bench activities with his league team in any way during his suspension.
6. Every team is to elect no more than two alternate captains.
7. Consumption of Alcoholic Beverages over .5% alcohol, and smoking of any kind of substance is strictly prohibited in unauthorized areas in all Kitchener-Waterloo Arena. Any member of the K-W Oldtimers’ Hockey Club Inc. who does not comply with the by-laws, will be EXPELLED by the Board of Directors for a period of up to 3 years and must re-apply and be approved by the membership at the annual meeting.
8. Where in the opinion of the referee and/or captain, a player is not in condition to play by reason of the consumption of alcohol, or because of some other condition (eg. medication or illness), the referee has the authority to suspend the player for that particular game and shall report the matter on the referee’s Game Report.
The above rules will be STRICTLY enforced and all players, coaches, captains and managers should keep in mind that an offending player faces the possibility of ejection from the league if, in the minds of the executive of the association, it is felt the player’s action and attitude is not in keeping with the purpose of the association.
The Board of Directors and your executive entirely support all decisions of the referees who have been engaged to enhance the enjoyment of each player in the league and lessen the chance of injury. In addition, all games will be viewed by a committee of directors who will ensure enforcement of any deliberate infraction not in the spirit of the Oldtimer’s. Any other member of the league who feels strongly about one or two members adhering to the above is requested not to bitch to others about it, but is invited to present his complaint to any member of the executive. In addition, we would also like to receive suggestions from players and members which will help improve our association and the enjoyment and participation of hockey for all members.
Annual dues will only be refunded to a player who is unable to finish the season after the start of a season for reasons related to injury, health or employment. The refund will be prorated from the date the formal request, written or email, is received by one of the Executive Members, ideally having been routed through the team captain and convener to the League Registrar and Treasurer. The team Captain must explain the policy to the player in the following context:
Injury or Health – the player must be made aware that a claim for a refund requires a very timely submission of the request, and that we do not ‘backdate’ the request. While the member may have hopes of returning to the ice, any period between the last game played and his formal withdrawal will not be included in the refund. Members should be aware that in such withdrawals their place in the FT ranks for the following season is guaranteed. To obtain the fullest of refunds, a member may have to choose to withdraw and to join the pool if he returns the same season. It may be possible to regain a FT spot, though not necessarily with the original team unless his FT spot had gone unfilled in the interim. In the case of returning to FT, he will be charged a prorated amount based on the remaining number of games in the season.
Employment – there is likely no need for a delay in submitting a claim, and it should be done as soon as the member is aware of what will be his last game.
Any player who has been suspended or expelled from the league and initiates his appeal cannot play his regular scheduled games until the hearing has been completed.
Last Updated November 2018