Policy 2.2.3 Trust Council Resolutions Without Meeting

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POLICY – 2.2.3 Trust Council Resolutions Without Meeting Page 1 
 
Policy: 2.2.3 
Approved By: Trust Council 
Approval Date: December 5, 1992 
Amendment Date(s):  March 9, 2022 
Policy Holder: Legislative Services Manager 
 
TRUST COUNCIL RESOLUTIONS WITHOUT MEETING 
Background 
Section 13 of the Islands Trust Act allows Trust Council (TC) to obtain, count votes and pass or defeat 
resolutions on Council or committee issues without the necessity of holding a regular or special meeting. A 
resolution approved in accordance with Section 13 is as valid as if it had been voted on and passed at a 
properly called and constituted meeting of the TC. The provisions of this policy also apply to Trust Council’s 
standing and select committees wherever applicable. 
Principles 
1. It is preferable for most TC 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 TC) a Section 13 Resolution Without Meeting (RWM) may be conducted. 
2. Section 13 RWMs are for decisions not requiring any discussion or debate by the TC.  
3. TC 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 13 RWM process is dependent on the timely contribution and response of 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 13 RWM is given where a majority of the members of the 
Trust Council entitled to vote on the resolution inform the Secretary (or their 
designate) of their approval in person or by telecommunication.  

 
POLICY – 2.2.3 Trust Council Resolutions Without Meeting Page 2 
1.2 Only for a Trust Council resolution giving first reading or adopting a bylaw, approval 
is given where 2/3 of the members of Trust Council entitled to vote on the 
resolution approve the resolution. 
2. Issues Where Voting by RWM Is Restricted 
2.1 The Trust Council cannot vote by RWM in the following cases: 
2.1.1 when giving second or third reading to a bylaw; or, 
2.1.2 when making a decision on a bylaw referred to it under section 27(3) of the 
Islands Trust Act. This section prescribes that where the Executive 
Committee returns or refuses to approve a bylaw submitted to it by a Local 
Trust Committee, the Local Trust Committee may refer the bylaw to Trust 
Council for approval, and Council cannot make a decision about that bylaw 
without holding a properly-called and constituted meeting of Trust Counc

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