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Minutes of Council Meetings

Minutes of the Council Meeting of the Ontario College of Teachers held on December 11-12, 2003 in the Council Chambers, 6th Floor, 121 Bloor Street East, Toronto

Table of Contents

1. Call to Order/Welcome

2. Agenda

3. Minutes

4. Business Arising

5. Registrar’s Report

6. Committee Reports

7. Joseph W. Atkinson Scholarship Award

8. Business Arising (Continued)

9. Committee Reports (Continued)

10. Correspondence

11. New Business

12. Notices of Motion

13. Next Regular Meeting

14. Adjournment

Session I:

Thursday, December 11, 2003

Present: Paul Brazeau, Jackie Breithaupt, Donald Cattani (from 2:05 p.m.), Ted Coulson, Ernie Checkeris, Janet Cornwall, Patrick Daly, Suzanne De Froy, Pauline Demers, Rosemary Fontaine, Normand Fortin, Gordon Hough, Nancy Hutcheson, Martin Kings, Marilyn A. Laframboise (Chair), Diane Leblovic, Elayne McDermid, Karen Mitchell (from 1:30 p.m.), Larry Mongeon, Harry Mulvale, Iain Munro, Janet Ouellette, Elizabeth Papadopoulos, Jennifer Pitt, Patrick Slack (from 2:20 p.m.), David Somer, Rick Victor, Anne Vinet-Roy, Hilda Watkins, Lila Mae (Lou) Watson, W. Douglas Wilson (Registrar)

Regrets: Bernard J. Adam

Presiding Officer: George Merrett

Guests: Caroline Zayid (McCarthy Tétrault)

Staff: Margaret Aubé, Kim Bauer, Rosemary Gannon, Myrtle Herzenberg, Richard Lewko, Brian McGowan, Helen Melanson, Charlie Morrison, Lynda Palazzi, Katherin Platt

1. Call to Order/Welcome

The Presiding Officer, George Merrett, called the meeting to order at 1:05 p.m. and welcomed all present. He noted the changes to the revised agenda and referenced the documents to be distributed.

The Chair, Marilyn Laframboise, welcomed new Council member, Anne Vinet-Roy.

Gord Hough thanked Council members and staff for the support he had received on the recent death of his father.

It was noted that Steering was comprised of Nancy Hutcheson and Pat Daly.

2. Agenda (GC20031211-132)

It was moved by Steering, and

CARRIED,

That the revised Agenda for the December 11-12, 2003 Council meeting be approved.

3. Minutes

3.1 Meeting, September 25-26, 2003 (GC20031211-133)

It was moved by Steering, and

CARRIED,

That the Minutes of the September 25-26, 2003 Council Meeting be approved.

3.2 Special Meeting, November 20, 2003 (GC20031211-135)

It was noted that Ted Coulson had been inadvertently included in the list of attendees.

It was moved by Steering, and

CARRIED,

That the Minutes of the Special Meeting of Council meeting held on November 20, 2003 be approved as corrected.

4. Business Arising

4.1 Bylaw Amendments — Section 23 — Accreditation Fees (GC20031211-137, -138)

The Registrar spoke to the report as did Rick Victor, Chair, Accreditation Committee.

It was moved by Steering, and

CARRIED,

That the Council approve the following amendment to Section 23 of the bylaws of the Ontario College of Teachers by the addition of the following:

23.11 That the application fee for the initial accreditation of programs of professional education be based on a one-time travel cost of $218.69 plus $15.31 GST per person, and a daily per diem of $210.28 plus $14.72 GST per person for the number of days needed to conduct a review, and that the application fees as set out in this bylaw be for September 2003, and for subsequent years or as may be amended from time to time by the amendment of these bylaws.

23.12 That the renewal fee for application for the accreditation of programs of professional education be based on a one-time travel cost of $218.69 plus $15.31 GST per person, and a daily per diem of $210.28 plus $14.72 GST for the number of days needed to conduct a site visit, and that the application fees as set out in this bylaw be for September 2003, and for subsequent years or as may be amended from time to time by the amendment of these bylaws.

23.13 That the application fee for accreditation of an additional qualification listed in Regulation 184/97 including Principal’s Qualification Program (PQP) and the Supervisory Officer’s Qualification Program (SOQP) be $93.46 plus $6.54 GST, for 2004, and for subsequent years or as may be amended from time to time by the amendment of these bylaws.

23.14 That the renewal fee for application for accreditation of an additional qualification listed in Regulation 184/97 including Principal ‘s Qualification Program (PQP) and the Supervisory Officer’s Qualification Program (SOQP) be $93.46 plus $6.54 GST for 2004, and for subsequent years or as may be amended from time to time by the amendment of these bylaws.

4.2 Supporting and Enhancing the Profession: A Corporate Plan for the Ontario College of Teachers (GC20031211-139)

The Registrar, W. Douglas Wilson, spoke to the Corporate Plan. A lengthy discussion followed which included a question and answer session.

The Registrar advised that he would seek clarification from the Deans as to whether the Joint Task Force Report (on the Professional Learning Program) of the Ontario Association of Deans in Education and the Ontario Teachers’ Federation was ready to be released for distribution to Council members.

5. Registrar’s Report (GC20031211-143)

The Registrar’s Report was received. The Registrar, W. Douglas Wilson, spoke to the report and answered questions.

6. Committee Reports

6.1 Executive/Chair’s Report (GC20031211-144, -172)

The report of the Executive Committee/Chair was received. The Chair, Marilyn A. Laframboise, spoke to the report and answered questions.

Nancy Hutcheson spoke to the Ad Hoc Committee Report that considered a number of timing and format issues in connection with the annual meeting of members and the 2004-2006 Council and Executive Committee meeting schedule.

It was moved by Nancy Hutcheson and seconded by Lou Watson, “That Council approve the proposed meeting dates for the Executive Committee, Council and the Annual meeting of Members for 2004, 2005 and 2006 as outlined in document GC20031211-144, Attachment 3.”

It was agreed to accommodate the independent school calendar by amending the motion to reflect a scheduled Council meeting date on March 30-31, 2006 instead of March 23-24, 2006.

It was moved by Normand Fortin, seconded by Patrick Slack, but

LOST,

That Council approve the amendment to the motion by scheduling a Council meeting date on September 23-24, 2004 instead of the scheduled date of September 30-October 1, 2004.

A vote was taken on the main motion, as amended, and it was

CARRIED,

That Council approve the proposed meeting dates for the Executive Committee, Council and the Annual meeting of Members for 2004, 2005 and 2006 as outlined in document GC20031211-144, Attachment 3 as amended.

6.2 Investigation Committee (GC20031211-145, -146)

The reports of the Investigation Committee were received. The Chair, Harry Mulvale, spoke to the reports.

6.3 Discipline Committee (GC20031211-147, -148, -173)

The reports of the Discipline Committee were received. The Vice-Chair, Nancy Hutcheson, spoke to the reports and answered questions.

6.4 Fitness to Practise Committee (GC20031211-149)

The report of the Fitness to Practise Committee was received. The Chair, Lou Watson, spoke to the report.

6.5 Registration Appeals Committee (GC20031211-150, -151)

The reports of the Registration Appeals Committee were received. The Chair, Janet Ouellette, spoke to the reports.

6.6 Professional Learning Committee (GC20031211-152, -153)

The reports of the Professional Learning Committee were received. The Chair, Elayne McDermid, spoke to the reports.

6.7 Finance Committee (GC20031211-155, -156 revised)

The Chair, Patrick Daly, provided a verbal update of the meeting that had taken place the previous day and stated that a written report of the meeting would be provided at the March 25-26, 2004 Council meeting.

Patrick Daly responded to questions relating to the October and November 2003 financial reports. It was noted that an error had occurred on page 3 of the November 2003 financial statements. Staff agreed to provide a revised copy of the report to Council members.

6.8 Standards of Practice Committee

6.8.1 Standards Symposium (GC20031211-158)

The Chair, Diane Leblovic, reported on the Standards Symposium that had been held at the Ontario College of Teachers on November 28 and November 29, 2003. The Standards Resource Kit was circulated and Council members were informed that information contained in the resource kit was available on the web. A question and answer session followed.

7. Joseph W. Atkinson Scholarship Award

(Timed Item: 4:30 p.m.)

The Chair, Marilyn Laframboise, welcomed Joe Atkinson, Claire Button and her mother to the Council meeting.

She stated that the Joseph W. Atkinson Scholarship, named for the second Registrar of the Ontario College of Teachers, provided $2,000 to a student accepted into one of Ontario’s consecutive or concurrent programs proceeding to their final year who demonstrated exceptional academic achievement and community involvement.

The purpose of the Foundation is tosupport excellence in teacher education through the awarding of scholarships, bursaries and prizes to assist in the education of teachers or those wishing to become teachers.

The Chair noted the achievements of the recipient, a student at Queen's Faculty of Education, and declared Claire Button the first recipient of the Joseph W. Atkinson Scholarship.

Joseph W. (Joe) Atkinson briefly addressed Council. He presented the recipient with the scholarship award.

The meeting recessed at 4:40 p.m.

Session II:

Friday, December 12, 2003

Present: Paul Brazeau, Jackie Breithaupt, Donald Cattani (until 12 noon), Ted Coulson, Ernie Checkeris, Janet Cornwall, Patrick Daly (until 12 noon), Suzanne De Froy, Pauline Demers, Rosemary Fontaine, Normand Fortin, Gordon Hough, Nancy Hutcheson, Martin Kings (until 12 noon), Marilyn A. Laframboise (Chair), Diane Leblovic, Elayne McDermid, Karen Mitchell (from 1:30 p.m.), Larry Mongeon, Harry Mulvale (until 1:30 p.m.), Iain Munro (from 9:20 a.m.), Janet Ouellette, Elizabeth Papadopoulos, Jennifer Pitt, Patrick Slack, David Somer (until 1:20 p.m.), Rick Victor, Anne Vinet-Roy, Hilda Watkins (until 12 noon), Lila Mae (Lou) Watson, W. Douglas Wilson (Registrar)

Regrets: Bernard J. Adam

Presiding Officer: George Merrett

Guests: Caroline Zayid (McCarthy Tétrault)

Staff: Margaret Aubé, Kim Bauer, Nadine Carpenter, Rosemary Gannon, Myrtle Herzenberg, Richard Lewko, Brian McGowan, Helen Melanson, Charlie Morrison, Lynda Palazzi, Katherin Platt

The meeting resumed at 9:00 a.m.

The Chair, Marilyn Laframboise, on behalf of Council, thanked staff for a well-organized reception.

8. Business Arising (Continued)

8.1 Dispute Resolution (GC20031211-140, -141, - 142, -176C, -177C)

(Timed item: 9:00 a.m.)

8.1.1 Report of the Investigation Committee (GC20031211-140)

Harry Mulvale, Chair, Investigation Committee, spoke to the report.

8.1.2 Report of the Fitness to Practise Committee(GC20031211-141)

Lou Watson, Chair, Fitness to Practise Committee, spoke to the report.

8.1.3 Report of the Discipline Committee

Nancy Hutcheson, Vice-Chair, Discipline Committee, provided an oral report.

After the presentation of the reports from the committees a discussion ensued. It was agreed to go in camera to discuss the legal opinions received on the matter of dispute resolution dated August 8, 1997 (GC20031211-176C) and January 8, 1999 from McCarthy Tétrault (GC20031211-177C).

It was moved by David Somer and seconded by Jackie Breithaupt, “That Council move into an in camera session with members of Council, legal counsel and staff present.”

Harry Mulvale challenged the ruling of the Presiding Officer to go in camera to discuss the legal opinions. The Presiding Officer stated that according to the Ontario College of Teachers Act, Section 8 (3)(e) Council was obliged to discuss legal opinions in camera.

A vote was taken on the ruling of the Presiding Officer.

The ruling of the Presiding Officer was upheld.

A vote was taken on the motion to move into an in camera session, and it was

CARRIED,

That Council move into an in camera session with members of Council, legal counsel and staff present.

Council moved into an in camera session at 9:50 a.m.

Council moved out of the in camera session at 11:15 a.m.

It was moved by Steering, “That Council direct the Registrar to undertake an external review of the use of the Dispute Resolution Program as it relates to matters of sexual abuse as defined in section 1 of the Ontario College of Teachers Act.”

It was moved by Jackie Breithaupt seconded by Martin Kings, “That Council amend the motion by substitution to read: That Council direct the Registrar to undertake a review of the Dispute Resolution Program that will include but not be limited to the suitability of the use of DR for cases involving criminal conduct and sexual abuse, the current and best practices of other regulatory bodies, the suitability of serial incompetence cases for DR and analysis of how transparency, due process and fairness are maintained through the use of DR in the public interest. The Registrar to report back with recommendations to the March 25-26, 2004 Council Meeting.

Harry Mulvale stated that the motion was out of order as there was no reference to an external review. The Presiding Officer ruled that the motion was in order.

Elizabeth Papadopoulos challenged the ruling of the Presiding Officer and requested a recorded vote.

Recorded vote:

For

Against

Jackie Breithaupt Paul Brazeau
Ernie Checkeris Donald Cattani
Janet Cornwall Ted Coulson
Patrick Daly Suzanne De Froy
Pauline Demers Rosemary Fontaine
Normand Fortin Gordon Hough
Martin Kings Nancy Hutcheson      
Diane Leblovic Marilyn Laframboise
Elayne McDermid Harry Mulvale
Karen Mitchell Iain Munro
Larry Mongeon Janet Ouellette
Patrick Slack Elizabeth Papadopoulos
David Somer Jennifer Pitt    
Rick Victor Anne Vinet-Roy
Lou Watson Hilda Watkins

For: 15

Against: 15

Absent: 1

The ruling of the Presiding Officer was not upheld. The motion was ruled out of order.

It was moved by Rick Victor, seconded by Patrick Daly, but

LOST,

That the motion to amend by substitution be amended by the addition of the word “external” before the word “review” to read as follows:

That Council direct the Registrar to undertake an external review of the Dispute Resolution Program that will include but not be limited to the suitability of the use of DR for cases involving criminal conduct and sexual abuse, the current and best practices of other regulatory bodies, the suitability of serial incompetence cases for DR and analysis of how transparency, due process and fairness are maintained through the use of DR in the public interest. The Registrar to report back with recommendations to the March 25-26, 2004 Council Meeting.

Harry Mulvale requested a recorded vote:

Recorded vote:

For

Against

Jackie Breithaupt Paul Brazeau
Ernie Checkeris Donald Cattani
Janet Cornwall Ted Coulson
Patrick Daly Suzanne De Froy
Normand Fortin Pauline Demers
Martin Kings Rosemary Fontaine
Diane Leblovic Gordon Hough
Elayne McDermid Nancy Hutcheson
Karen Mitchell Marilyn Laframboise
Patrick Slack Larry Mongeon
David Somer Harry Mulvale
Rick Victor Iain Munro
Lou Watson Janet Ouellette
  Elizabeth Papadopoulos
  Jennifer Pitt    
  Anne Vinet-Roy
  Hilda Watkins

For: 13

Against: 17

Absent: 1

It was moved by Larry Mongeon, seconded by Patrick Daly, and

CARRIED,

That the question be put to consider the main motion.

A vote was taken on the main motion, and it was

CARRIED,

That Council direct the Registrar to undertake an external review of the use of the Dispute Resolution Program as it relates to matters of sexual abuse as defined in section 1 of the Ontario College of Teachers Act.

Iain Munro requested a recorded vote.

Recorded vote:

For

Against

Paul Brazeau Ernie Checkeris

Jackie Breithaupt

 
Donald Cattani  

Ted Coulson 

 
Janet Cornwall  

Patrick Daly 

 

Suzanne De Froy

 

Pauline Demers

 

Rosemary Fontaine

 
Normand Fortin  

Gordon Hough

 

Nancy Hutcheson

 

Martin Kings 

 

Marilyn Laframboise

 
Diane Leblovic  
Elayne McDermid  

Karen Mitchell

 

Larry Mongeon

   

Harry Mulvale

   

Iain Munro

   

Janet Ouellette

   

Elizabeth Papadopoulos

   

Jennifer Pitt

   

Patrick Slack 

   
David Somer     

Rick Victor    

   

Anne Vinet-Roy

   

Hilda Watkins

   

Lou Watson  

   

For: 29

Against: 1

Absent: 1

9. Committee Reports (Continued)

9.1 Standards of Practice Committee (Continued) (GC20031211-157, -158)

The reports of the Standards of Practice Committee were received. The Chair, Diane Leblovic, spoke to the reports.

Deirdre Smith, Manager, Standards of Practice, made a PowerPoint presentation on the Standards of Practice for the Teaching Profession — Informal and Formal Review Process.

9.2 Accreditation Committee (GC20031211-159)

The report of the Accreditation Committee was received. The Chair, Rick Victor, spoke to the report. He informed Council members that another Accreditation training session was planned for February 2-4, 2004.

9.3 Accreditation Appeals Committee

There was no report.

9.4 Human Resources Committee

There was no report.

9.5 Editorial Board (GC20031211-160)

The report of the Editorial Board was received. The Chair, Marilyn Laframboise, spoke to the report.

9.6 Election Committee

There was no report.

9.7 Nomination Committee (GC20031211-161)

The report of the Nomination Committee was received. The Chair, Nancy Hutcheson, spoke to the report.

9.8 Quality Assurance Committee

There was no report.

10. Correspondence (GC20031211-162, -163, -164, -165, -166, -167, -168)

The following items of correspondence were received for information:

  • Letter to Chair from a Member of the College and response (GC20031211-162)
  • Letter to Deputy Minister of Education re Letters of Permission (GC20031211-163)
  • Letter to Premier re Election Victory (GC20031211-164)
  • Letter to Minister of Education re Invitation to Meet Council (GC20031211-165)
  • Letter to Minister of Education re Appointment to Cabinet (GC20031211-166)
  • Letter to Minister of Education re Professional Learning Program (GC20031211-167)
  • Letter to the Premier re the Professional Learning Program (GC20031211-168)

11. New Business

11.1 Bylaw Amendments — Section 23 — Professional Learning Program Provider Fees Adjustment (GC20031211-169)

The Registrar spoke to the fee adjustment.

It was moved by Steering, and

CARRIED,

That Council approve the following amendment by substitution of section 23 of the bylaws of the Ontario College of Teachers, to read:

23.09 The fee for application for approval as a new provider of professional learning courses be:

  1. $93.46 for 2001 and 2002
  2. $93.46 for subsequent years or as may be amended from time to time, by the amendment of these bylaws.

23.10 The fee for application for approval of a new professional learning course be:

  1. $23.36 for 2001 and 2002
  2. $23.36 for subsequent years or as may be amended from time to time, by the amendment of these bylaws.

11.2 Amendments to Regulation 184/97 re “Acceptable University Degrees” (GC20031211-174, -175)

The Deputy Registrar, Brian McGowan, spoke to this issue and explained the urgency that was needed to deal with the adjustment to the Regulation.

It was moved by Steering, “That Council approve the following amendments to section 1. (1) of Regulation 184/97 “acceptable university degree”: That Regulation 184/97 be amended to define an “acceptable university degree” as an “acceptable post-secondary degree” that is,

(a) granted by a post-secondary institution in Ontario that is authorized to grant degrees under an Act of the Legislative Assembly,

(b) granted by a post-secondary institution in Ontario that has authorization under the Post-secondary Education Choice and Excellence Act, 2000 to grant that degree,

(c) granted by a post-secondary institution located in Canada, in a province or territory other than Ontario, that is equivalent to a degree described in clause (a) or (b).

It was moved by Harry Mulvale, seconded by Elizabeth Papadopoulos, and

CARRIED,

That Council amend the above motion by the deletion of “or b” in subsection (c).

A vote was taken on the main motion, as amended, and it was

CARRIED,

That Council approve the following amendments to section 1. (1) of Regulation 184/97 “acceptable university degree”:

That Regulation 184/97 be amended to define an “acceptable university degree” as an “acceptable post-secondary degree” that is,

(a) granted by a post-secondary institution in Ontario that is authorized to grant degrees under an Act of the Legislative Assembly,

(b) granted by a post-secondary institution in Ontario that has authorization under the Post-secondary Education Choice and Excellence Act, 2000 to grant that degree,

(c) granted by a post-secondary institution located in Canada, in a province or territory other than Ontario, that is equivalent to a degree described in clause (a).

12. Notices of Motion

There were no notices of motion.

13. Next Regular Meeting

  • March 25-26, 2003

14. Adjournment

The meeting adjourned at 1:35 p.m.

Signed: Chair, Marilyn A. Laframboise

Signed: Registrar, W. Douglas Wilson

Dated

Dated

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