A Bylaw to be known as the constitution of the Ontario Press Council and relating generally to the organization of the Ontario Press Council and to the transaction of its business.

The Ontario Press Council, like others in Canada and abroad, exists because newspapers recognize that a democratic society has a legitimate and fundamental interest in the quality of the information it receives. Through it, readers can call Ontario newspapers to account for unfair conduct such as invading privacy without justification, condemning people by innuendo or hearsay, ignoring commonly-accepted ethical standards, reporting conjecture as fact, distorting accounts of events, or failing to acknowledge error. The Ontario Press Council also speaks out for the public on other issues, such as freedom of public expression and access to government information. Although the Ontario Press Council acts independently of its founders, it vigorously defends the independence of the press and full freedom of public expression. Its decisions represent a consensus of a broad cross-section of Ontario society and of active journalists.

The particular objects of the Ontario Press Council are:
(a)        To defend the freedom of the press on behalf of public and press alike.
(b)        To serve as a medium of understanding between the public and the press.
(c)        To encourage the highest ethical and professional standards of journalism.
(d)       To consider specific, unsatisfied complaints from the public about the conduct of the press in gathering and publishing news, opinion and advertising; to consider complaints from members of the press about the conduct of individuals and organizations toward the press; and to report publicly on action taken.
(e)        To review and report on attempts to restrict access to information of public interest.
(f)        To make representations to governments and other bodies on issues related to the purposes of the Ontario Press Council.
(g)        To publish periodic reports recording the work of the Ontario Press Council.

THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED

ARTICLE I; DEFINITIONS:
In the Constitution, Bylaws, Special Resolutions and other similar documents of the Ontario Press Council:
"Annual Corporation Meeting” means a meeting of the members of the Corporation held pursuant to Article IX, Section B, Clause 1;
“Chair” means the person elected by the Council Members to hold the office described in Article VI;
"Constitution" means this Bylaw;
"Contributing Newspaper" means any person, body or organization admitted to membership in the Corporation pursuant to Article II, Section B;
"Contributing Community Newspaper" means any Contributing Newspaper other than a Contributing Daily Newspaper;
"Contributing Daily Newspaper" means a Contributing Newspaper which publishes its Newspaper not less than five (5) times per week;
"Corporation" means The Ontario Press Council;
"Council" means the Board of Directors of the Corporation;
"Council Meeting" means a meeting of the Council Members, whether a Regular Meeting or a Special Meeting;
"Council Member" means a Director of the Corporation;
"Executive Secretary" means the person appointed to the Council to hold the office described in Article VIII;
"Newspaper" means a printed publication, now usually daily or weekly, containing the news, advertisements, literary matter, and other items of broad general interest, and not normally concerned with only one subject;
"Professional Council Member" means a Council Member as described in Article III, Clause 2, Paragraph (c);
"Public Council Member" means a Council Member as described in Article III, Clause 2, Paragraph (b);
“Regular Meeting” means a meeting of the Council held pursuant to Article IX, Section A, Clause 1;
"Special Meeting" means a meeting of the Council held pursuant to Article IX, Section A, Clause 2;
"Vice-Chair" means the person elected by the Council members to hold the office described in Article VII;
"Weighted Vote" means the vote of a Contributing Newspaper, calculated as follows: each Contributing Newspaper's vote shall be weighted in proportion to its share of circulation (using daily equivalent for Contributing Community Newspapers), as described in the calculation of annual assessment set out in Article II, Section B, Clause 3, Paragraph (b).

There shall be two classes of members in the Corporation:
(a)        Ordinary Members; and
(b)        Contributing Newspapers

A.        Ordinary Members
1.         Any natural person may be admitted to membership in the Corporation by a resolution of the Council passed at a Regular Meeting by at least two-thirds (2/3) of the Council Members voting.

B.        Contributing Newspapers
1.         Any Newspaper published in Ontario is eligible to become a Contributing Newspaper, and may do so by sending the Chair a written notice of its desire to become a Contributing Newspaper. Status as a Contributing Newspaper is effective on the date such written notice is received by the Chair.
2.         Any Contributing Newspaper may terminate its obligations by giving the Chair written notice of its intention to withdraw. Termination shall become effective one (1) year from the date that such written notice is received by the Chair.
3.         Contributing Newspapers shall have the following responsibilities:
(a)        To receive from the Chair by November 15 in each calendar year a proposed budget for the following calendar year of the operations of the Corporation and to approve or modify the proposed budget in accordance with the procedure laid down in Bylaw No.2, Article III;
(b)        To underwrite the operation of the Corporation, each Contributing Newspaper contributing an annual membership fee equal to that paid for the calendar year 2009, an assessment based on the Publisher’s Statement for six months ending Nov. 30, 2008, the fee to be reviewed annually and adjusted to take account of significant industry developments, trends and economic conditions. and

1. To publish in the newspaper a fair and comprehensive report, including the text of the adjudication, of all conclusions of the Council involving their newspapers, when a complaint against them is upheld, and to publish a brief item in the newspaper and the complete press release online when a complaint is dismissed, also whenever practical to publish all other reports and conclusions of the Council.

(d)       To publish at least once a week in dailies, weeklies, twice-weeklies and thrice-weeklies, and once a month in twice-monthly or monthly newspapers the fact they are members of the Ontario Press Council and, from time to time, to publish the mailing address of the Council with a brief outline of its function.
(e)        No Contributing Newspaper shall be eligible to vote at any Annual Corporation Meeting, or at any other meeting of the members of the Corporation, however called.

1.         The affairs of the Corporation shall be managed by the Directors, who shall be referred to as Council Members.
2.         There shall be twenty-one (21) Council Members as follows:
(a)        The Chair;
(b)        Ten (10) Public Council Members representative of the public, not professionally associated with the media and broadly representative of Ontario society and the province's geographical areas;
(c)        Ten (10) Professional Council Members, officers or employees of Contributing Newspapers, and broadly representative of the industry.
3.         All Council Members shall be elected by at least two-thirds (2/3) of the votes cast at an Annual Corporation Meeting held at least thirty (30) days after a proposal for election has been received by the Council from the Nominating Committee.
4.         Each Council Member, including the Chair, shall be elected to membership for a two (2) year term, but the retirement and election of the Council Members shall be staggered so that only ten (10) are elected in one year and only eleven (11) in the next.
5.         No Council Member may serve for more than a total of eight (8) consecutive years, but all Council Members shall be eligible for re-election until they reach the eight (8) year limit.
6.         All Council Members shall serve from the date their appointments become effective.
7.         Anyone filling a mid-term vacancy shall be elected in the same manner as the person whose vacancy is being filled. The initial appointment shall be for the unexpired portion of the period remaining in the place being filled.

1.         The Council shall establish the following four Standing Committees annually:
(a)        an Executive Committee to exercise such powers as the Council may delegate to it from time to time;
(b)        an Inquiry Committee to examine complaints and report its findings to the Council, recommending the action it considers appropriate;
(c)        a Finance Committee to prepare the annual budget, to monitor monthly statements in relation to the budget, to review all salaries and honoraria annually, to consider other financial matters, and to recommend appropriate action to the Council.
(d)       a Nominating Committee to consider and propose to the Council at the last Regular Meeting in each calendar year;
            (i)         names of persons for election as Council Members; and
            (ii)        names of Council Members proposed for appointment to Standing Committees, and the name of a Council Member proposed as Vice-Chair.
2.         The Council may establish Special Committees, as necessary, each consisting of three (3) Public and two (2) Professional Council Members, to:
(a)        propose appointment or reappointment of a Chair and  negotiate appropriate terms with the appointee, including an annual honorarium;
(b) (with the Council Chair as chair), recommend a candidate for Executive Secretary and negotiate terms of employment with the appointee.
3.         The Council may establish ad hoc committees as necessary.
4.         In lieu of establishing any one or more of the Standing Committees referred to in Article IV, Clause 1, Paragraphs (b), (c) and (d), the Council may direct that the Executive Committee discharge the functions that would have been discharged by that Standing Committee or those Standing Committees, as the case may be.

1.         The Corporation shall reimburse the Chair, Council Members and staff for expenses (as defined by the Finance Committee from time to time) incurred in attending Council Meetings, Annual Corporation Meetings and committee meetings, and when otherwise occupied in business of the Ontario Press Council.
2.         Operating expenses of the Corporation include: an annual honorarium for the Chair; a per-diem honorarium to each Public Council Member for attending Council Meetings, Annual Corporation Meetings and committee meetings and for other time spent specifically on behalf of the Ontario Press Council; and the salaries of Executive Secretary and staff.
3.         The Corporation's financial year ends on December 31 each year.

1.         The Chair shall chair all Council Meetings and Annual Corporation Meetings, and shall also serve as chair of the Nominating Committee.
2.         The Chair shall represent the Ontario Press Council before public bodies and on public occasions whenever this is appropriate. In particular, the Chair may make speeches and give interviews about the Ontario Press Council and seek ways of making the Ontario Press Council and its work better known to the public.
3.         The Chair shall discharge such other duties as may be assigned by the Council from time to time.

1.         If, because of absence or for any other reason, the Chair is unable to discharge his or her duties, the Vice-Chair shall act as Chair.

1.         The Executive Secretary shall act as the chief administrative officer of the Corporation, subject to such directions as may be given by the Council from time to time.
2.         The Executive Secretary shall serve as the chief financial officer of the Corporation, discharging these duties with the assistance of the Finance Committee. In particular, the Executive Secretary shall ensure that complete financial records are accurately kept, and shall prepare the annual budget estimates for the consideration of the Finance Committee.
3.         Insofar as possible, the Executive Secretary shall be available for speaking engagements, and generally take advantage of any appropriate opportunity to increase awareness and understanding of the Ontario Press Council and its work on the part of the public and the newspapers of Ontario.

A.        Council Meetings
1.         The Council shall hold a Regular Meeting at least three (3) times a year on such dates as the Chair may fix. Council Members shall be given at least thirty (30) days notice of a Regular Meeting in such manner as the Chair considers appropriate. An Annual Corporation Meeting and a Regular Meeting may be held on the same day.
2.         The Chair, or any five (5) Council Members, may call a Special Meeting by giving ten (10) days written notice of such a meeting to the other Council Members.
3.         A quorum shall be thirteen (13) Council Members present in person including the Chair.
4.         Except when the Council is considering complaints or other confidential matters, Council Meetings shall be open to the media for news coverage, and to the public as space is available. The Council or the Inquiry Committee may also decide by majority vote to hear evidence in a complaint in public providing that the complainant, the newspaper and any person whose reputation may be adversely affected agree in writing.
5.         Each Council Member including the Chair shall have one vote only.
6.         Where the Constitution or any Bylaw of the Ontario Press Council stipulates that approval of a matter requires the support of at least two thirds (2/3) of the votes cast at a Council Meeting, the two-thirds (2/3) shall be not less than a simple majority of Council Members. The Council will decide all other issues by a simple majority of votes cast.
7.         The Chair shall preside at all Council Meetings unless unavoidably absent. The Vice-Chair acts in the absence of the Chair.
8.         In all other respects, the Council shall establish, amend, regulate and control the procedures it considers necessary to further the objects of the Ontario Press Council and shall have full discretion on whether to hear any complaint. Any amendments to these procedures require the support of at least two-thirds (2/3) of the votes cast at a Regular Meeting.

B.         Corporation Meetings
1.         There shall be an Annual Corporation Meeting of all members of the Corporation on such dates and at such locations as the Council may fix from time to time.
2.         The Chair shall provide all members of the Corporation with at least ten (10) days' notice of the Annual Corporation Meeting in such manner as the Chair considers expedient, but such notice must be given to each member of the Corporation individually.
3.         At every Annual Corporation Meeting, in addition to any other business that may be transacted: the report of the Council, the Financial Statement, the Budget and the Auditors' Report shall be presented; the auditors for the ensuing year shall be appointed; the remuneration for the auditors shall be fixed; any changes made to the Constitution or Bylaws by the Council since the last Annual Corporation Meeting shall be submitted for approval; and the election of new Council Members shall be held.
4.         A quorum for the Annual Corporation Meeting shall be thirteen (13) members.
5.         At an Annual Corporation Meeting, each member of the Corporation who is eligible to vote shall be entitled to one vote, except that the Chair shall also have a second vote in the event of a tie.
6.         All questions proposed for the consideration of the members of the Corporation at the Annual Corporation Meeting shall be decided by the majority of votes cast, except that the election of new Council Members shall be held in accordance with the procedures set out in Article III, Clause 3.
7.         Insofar as they may be applicable, the provisions of this Constitution governing Annual Corporation Meetings shall govern the conduct of any other general meeting of the members of the Corporation, except that the members of the Corporation shall be given twenty-one (21) days' notice of any such general meeting.

1.         This Constitution of the Ontario Press Council may be amended upon a two-thirds vote of all Council Members at a Council Meeting held at least thirty (30) days after proposal of the amendment, provided that such amendment is approved by the Contributing Daily Newspapers.
2.         Such amendment shall be deemed to have been approved by the Contributing Daily Newspapers unless more than sixty per cent (60%) of the Contributing Daily Newspapers, representing more than one third (1/3) of the Weighted Votes of all Contributing Newspapers, Daily and Community combined, give written notice of their disapproval to the Chair within forty (40) days of the adoption of the amendment by the Council. Such notice shall be deemed to have been given on the day that it is received by the Chair, and no earlier.
3.         Copies of such amendment as adopted by the Council shall be sent by the Chair to the Contributing Newspapers within ten (10) days of its adoption, by ordinary mail or by such other means as the Chair considers appropriate.

Standing Committees
BE IT ENACTED AND IT IS HEREBY ENACTED as a Bylaw of the Ontario Press Council as follows:

1.         There shall be a Nominating Committee which shall consist of the Chair, as chair, two (2) Public Council Members and two (2) Professional Council Members who are at the midway point of their two-year terms.
2.         Since the effectiveness of the Ontario Press Council depends wholly on the calibre of its Council Members, Public and Professional, the Nominating Committee must ensure that it offers the best possible choices when proposing names for election by adhering to the following general principles:
(a)        Public Council Members-must consist of a broadly based selection of men and women, representative of Ontario society as a whole.
(b)        Professional Council Members-must fairly represent newspaper men and women, editorial and advertising employees, aiming at the following breakdown; two (2) publishers (one from a Contributing Daily Newspaper and one from a Contributing Community Newspaper); seven (7) editorial employees (one from a Contributing Community Newspaper) made up of two editors, or executive editors, two departmental editors, and three reporters; and one (1) advertising representative.
3.         The Committee's search for candidates to fill vacancies should include a canvass of Contributing Newspapers for suggestions.
4.         In proposing names for appointment to committees, the Nominating Committee shall aim at giving each Council Member an opportunity to serve at least two (2) years on the Executive Committee and at least two (2) years on the Inquiry Committee.

1.         There shall be an Executive Committee consisting of: the Chair as chair; two (2) Public Council Members; two (2) Professional Council Members, and, ex officio, the Vice-Chair and the chair of the Inquiry Committee. It shall meet at least three (3) times each year, between Regular Meetings.
2.         The Executive Committee:
(a)        exercises the authority and performs the duties assigned to it by the Council; and
(b)        makes recommendations to the Council as required on referred topics and on matters that may develop between Regular Meetings; but

1. acts on behalf of the Council only on the instructions of, or with the approval of, the Council.

1.         There shall be a Finance Committee consisting of one (1) Public Council Member and one (1) Professional Council Member. It shall meet at least three (3) times each year, in advance of each Regular Meeting.
2.         Any budget recommended by the Finance Committee must be submitted to the Contributing Newspapers for their approval. Copies of the recommended budget shall be sent by the Chair to the Contributing Newspapers by ordinary mail or in such manner as the Chair considers appropriate.
3.         The budget shall be deemed to have been approved unless more than sixty per cent (60%) of the Contributing Daily Newspapers representing more than one third (1/3) of the weighted votes of all Contributing Newspapers, Daily and Community combined, give written notice of their disapproval to the Chair within thirty (30) days of the day on which copies of the recommended budget were sent to the Contributing Newspapers. Such notice shall be deemed to have been given on the day that it is received by the Chair, and no earlier.

1.         The Inquiry Committee normally examines all complaints from the public on the Council's behalf, gathering such written and oral evidence as it thinks necessary, and recommending to the Council the action it considers appropriate. The Council may accept, reject or amend the recommendation.
2.         All complaints from the press about the public must be examined by the entire Council, and the Inquiry Committee may recommend that the entire Council hear any complaint from the public when the evidence appears likely to be technical or complicated.

1.         This Bylaw may be amended upon a simple majority vote of the Council Members at any Regular Meeting.

PROCEDURAL RULES

Complaints

Pursuant to Article IX, Section A, Clause 8 of the Constitution of the Ontario Press Council, The Council hereby adopts the following procedural rules for the handling of complaints.
1.         All complaints brought before the Council shall be in writing.
2.         The Council and its committees may hear and question witnesses, but no one may be represented or accompanied by counsel.
3.         The Council is an ethical body, not a court, and does not normally deal with a complaint that in any way involves litigation, whether launched, threatened or in prospect.
4.         The Council's discretion on whether to hear any complaint is absolute. But it also takes account of the following practices, under which the Council:
(a)        May decide not to hear a complaint received more than six months after the occurrence of the matter complained of;
(b)        Shall not hear a complaint against a Contributing Newspaper unless the Contributing Newspaper has been given an opportunity to redress the complaint to the complainant's satisfaction;
(c)        May deal with a complaint against a newspaper that is not a Contributing Newspaper only if that newspaper so chooses;
(d)       Does not normally deal with a complaint involving an internal grievance covered by a collective bargaining agreement or the Ontario Labor Relations Act;
(e)        Does not, as a general rule, consider complaints identical to those on which it has already issued a finding;
(f)        Under some circumstances, may ask a complainant to sign a waiver agreeing not to take legal action on any complaint heard by the Council on which the Council makes a finding.
5.         The Council considers every complaint to be against the newspaper involved, not against its staff, and normally does not name any employees in its findings.
6.         Council members employed by newspapers must absent themselves from the deliberations when either the Council or the Inquiry Committee is discussing complaints against their newspapers.

TOP OF PAGE