Policy 4.1.5 Local Trust Committee Section 26 Resolutions Without Meeting

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POLICY – 4.1.5 Local Trust Committee Section 26 Resolutions-Without-Meeting Page 1 
 
Policy: 4.1.5 
Approved By: Trust Council 
Approval Date: December 5, 1992 
Amendment Date(s): March 11, 1995; September 27, 1996; 
March 8, 1997; September 9, 2014 
Policy Holder: Legislative Services Manager 
 
LOCAL TRUST COMMITTEE SECTION 26 RESOLUTIONS-WITHOUT-MEETING 
 
Background 
Section 26 of the Islands Trust Act allows local trust committees (LTC) to pass or defeat resolutions on LTC issues 
without the necessity of holding a regular or special meeting. A resolution approved in accordance with Section 
26 is as valid as if it had been voted on and passed at a properly called and constituted meeting of a LTC. 
Principles 
1. It is preferable for most LTC resolutions to be voted on at properly called and constituted meetings. 
However, where an issue is deemed to be urgent (i.e., where the issue in question requires immediate 
action as a result of unforeseen circumstances and must be dealt with before the next regular meeting 
of the LTC) a Section 26 Resolution Without Meeting (RWM) may be conducted. 
2. Section 26 RWM’s are for decisions not requiring any discussion or debate by a LTC.  
3. LTC resolutions on issues which may be considered controversial, sensitive, complex or otherwise 
benefitting from discussion and debate, should be voted on at a properly constituted meeting 
wherever possible.  
4. The Section 26 RWM process is dependent on the timely contribution and response of local trustees.  
A. Definitions 
 
"Secretary" means the person appointed by Trust Council under Section 17(1)(a) of the Islands Trust 
Act and includes a Deputy Secretary. 
"telecommunication" means communication over a distance and includes electronic mail (email), 
telephone and facsimile. 
B. Policy  
1. Legislative Requirements 
1.1 Approval of a Section 26 RWM is given where a majority of the members of the LTC 
entitled to vote on the resolution inform the Secretary (or their designate) of their 
approval in person or by telecommunication. 
  

 
POLICY – 4.1.5 Local Trust Committee Section 26 Resolutions-Without-Meeting Page 2 
2. Issues Where Voting Is Restricted 
2.1 The only specific restriction is that a LTC cannot vote on a Section 26 RWM to give a 
bylaw second or third reading. A properly called and constituted meeting of the LTC 
must occur to give a LTC bylaw second or third readings. 
2.2 If a trustee considers that he or she is not entitled to participate in a vote pursuant to 
Section 100(2) of the Community Charter (regarding a perceived conflict of interest), 
the trustee must make a declaration using the “Section 100(2) Community Charter 
Declaration” form (Attachment 3 to the Procedures for Local Trust Committee Section 
26 Resolutions Without Meeting), giving the general reason(s) and must withdraw 
from voting. The completed declaration form must be submitted to the Secretary. 
3. Conduct of the Vote 
3.1 All members of a LTC will be given simu

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