THE PURCHASING MANAGEMENT ASSOCIATION OF CANADA, a body corporate, incorporated under the laws of the Province of Ontario, (hereinafter called the "National Association").
-and-
The Manitoba Institute of the Purchasing Management Association of Canada a body duly organized under the laws of the Province of Manitoba (hereinafter
called the "Institute").
WHEREAS the National Association was incorporated by Letters Patent for the
object and purpose of advancing the study and practice of purchasing and supply management in all its districts and branches throughout the Dominion of Canada.
- AND WHEREAS the Institute was organized for similar objects and purposes.
AND WHEREAS the Parties hereto wish to enter into an affiliation agreement with each other to more effectively promote their mutual objects and purposes.
NOW THEREFORE THIS AGREEMENT WITNESSETH, that in consideration of the mutual covenants and agreements herein contained, the Parties hereto covenant and agree as follows:
- That the National Association and the Institute shall each take all required
steps to authorize the entering into of this agreement. - (1) The National Association shall appoint an executive vice-president and
such other officer or officers, employee or employees as it may from time to
time deem necessary for the due and efficient carrying out of its undertakings.
(2) The National Association shall from time to time and as it may deem necessary, prescribe the duties of the Executive Vice-President and of any
other officer or officers, employee or employees appointed by it.
(3) Nothing herein contained shall be deemed to prevent the Institute from appointing or engaging any person or persons, employee or employees at its own expense and of prescribing the duties of such person or persons, employee or employees appointed by it provided, however, that the scope of such duties shall be established with the concurrence of the National Association. - (1) All members of Institutes affiliated with the National Association shall be members of the National Association, entitled to all rights and privileges and subject to all duties which such membership provides.
(2) Any person who, for any cause, ceases to be a member of the National Association shall, ipso facto, cease to be a member of the Institute, and any person who for any cause, ceases to be a member of the Institute, shall, ipso facto, cease to be a member of the National Association.
(3) The Institute shall recognize and shall offer all membership categories as stated in the by-laws of the National Association, so far as the law under which the Institute is organized permits. - (1) The Institute shall pay to the National Association such portion of its membership dues as may from time to time be determined by the parties hereto; unless otherwise provided or agreed, the dues paid by the Institute to the National Association shall be commensurate with the dues paid by any other Institute affiliated with the National Association.
(2) The Institute shall have the right to collect all national, provincial and local fees for members under its jurisdiction or may delegate this right to the National Association. All such fees shall be payable in accordance with the procedures and dates payable established by the National Association.
(3) All Institute members shall be entitled to a fee structure comprising professional and administrative fees which are unencumbered by personal consumption costs. - The National Association, after discussion with the Institute and all other Institutes with it affiliated, shall at its discretion prescribe a standard course or courses of study for all members enrolled in the certification program administered by the aforesaid Institute and for all other certification programs administered by other Institutes with it affiliated as aforesaid.
- (1) The National Association, after discussion with the Institute and all other Institutes with it affiliated, shall at its discretion appoint from time to time duly qualified persons to develop and grade the examinations set in accordance with the provision hereinbefore contained to maintain uniform standard of proficiency.
(2) PROVIDED ALWAYS, that no provision herein contained shall be considered to prevent an Institute from prescribing a special course or courses of study for members enrolled in its certification program, nor from setting examinations and examining such members thereon. But such special course or courses shall be, at all times, supplemental to and not in substitution for the standard courses prescribed by and the examinations set by the said National Association, as aforesaid. - The National Association shall recognize the professional certification awarded by the Institute and the Institute, so far as the law under which it is organized permits, shall recognize as an equal standard of proficiency all professional certifications so recognized by the said National Association: PROVIDED ALWAYS that the examination standards, markings, and gradings as hereinbefore provided are strictly adhered to and observed.
- The Institute shall stipulate compliance with the Ethical Code established by the National Association as a condition of membership and shall enforce such compliance in accordance with applicable by-laws and regulations.
- The National Association may, from time to time and as it considers appropriate, enter into cross-recognition agreements with external purchasing associations. Where such cross-recognition includes the recognition of an external professional certification as equivalent to the certification awarded by affiliated Institutes, the Institute shall recognize the equivalency of such external certification so far as the law under which said Institute is organized permits.
- The Institute shall be permitted to reproduce the identification logo of the National Association provided, however, that prior written consent for specific usages is secured from the National Association.
- The said Institute shall have the right and privilege of nominating from its own members, proposed members to stand for election to the Board of Directors or Governing Body of the said National Association in conformity with and in accordance with the provisions of the by-laws of the said National Association regulating the number and qualifications of its Directors, but at no time shall the said Institute be without representation on the Board of Directors of the said National Association.
- (1) The Institute shall take all required steps to amend its by-laws and regulations to conform with the provisions of this Affiliation Agreement.
(2) The Institute shall file with the said National Association a copy of its by-laws and, so far as the law under which it is organized permits, maintain them in conformity with the by-laws of the said National Association.
(3) The Institute shall likewise take all reasonable steps to ensure that all districts and branches within its jurisdiction maintain by-laws and regulations in conformity with the by-laws of the said National Association. - This agreement shall remain in force and shall be binding upon the parties hereto until terminated by either party giving to the other a notice in writing of its intentions to terminate this Agreement, and the said Agreement shall be terminated at the expiration of one year from the date of service of the said notice upon the President or the First Vice-President of either party; PROVIDED ALWAYS that the decision to terminate this Agreement shall have been authorized by a two-thirds (2/3) majority of the Board of Directors of the party desiring to terminate this Agreement. Such notice may be withdrawn by the party hereto desiring to terminate this Agreement and in the event the said notice be withdrawn, no notice terminating this Agreement shall be deemed to have been served as aforesaid.
In witness whereof the parties hereto have signed by their signing officers and have affixed their corporate seals this 6 day of February 1996.
Signing officers for the Purchasing Management Association of Canada:
Tim O'Brian, SCMP
President
Leon Harder, SCMP
1st Vice-President
Signing officers for the Manitoba Institute of the Purchasing Management Association of Canada:
Martin Montanti SCMP
President
Greg McNeill SCMP
1st Vice President