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Minutes of Council Meetings

Minutes of the Meeting of the Governing Council of the Ontario College of Teachers, held on Thursday, February 26, 1998 in the Council Chambers, 121 Bloor Street East, Toronto.

Table of Contents

1. Call to Order and Welcome

2. Approval of the Agenda

3. Approval of Minutes

4. Business Arising

5. Registrar’s Report — Margaret Wilson

6. Approval of Minutes — Continued

7. Chair’s Report — Donna Marie Kennedy

8. Committee Reports

9. Correspondence

10. New Business

11. Notice of Motion

12. Next Meeting

13. Adjournment

Present: Liz Barkley (part of meeting via teleconference), Sandi Bell (via teleconference), Jackie Breithaupt, Larry Capstick, Doug Carter, Paul Charron, Wayne Cornack, John Cruickshank (Vice-Chair), Lynn Daigneault, Margaret Dempsey, Solette Gelberg, Michel Gravelle, Jean Hanson, Frances Hill, Donna Marie Kennedy (Chair), Marilyn Laframboise, Diane Leblovic, Alfred Lorenzi, Kathleen McFadyen, George Merrett, Karen Mitchell, Harry Mulvale, Nicholas Myrhorod, William Rogers, Anthony Saldanha, Stan Shapson, John Slade, David Somer, Frances Thorne, Clarice West-Hobbs, Margaret Wilson (Registrar)

Guest: Caroline Zayid, Legal Counsel, McCarthy Tétrault

Staff: Joe Atkinson, Margaret Aubé, Philip Carter, Noel Clark, Pat Curley, Gerry Gergely, Denis Giguère, Deborah Gionet, Myrtle Herzenberg, Genny Humby, Marie-France Le-Fort, Richard Lewko, Charlie Morrison, Patrick O’Neill

Regrets: Cecilia Reynolds

1. Call to Order and Welcome

The Chair, Donna Marie Kennedy, called the meeting to order at 9:00 a.m.

2. Approval of the Agenda (GC19980226-1)

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED

That Council approve the Agenda for the February 26-27, 1998 meeting of the Governing Council of the Ontario College of Teachers.

3. Approval of Minutes (GC19980226-2)

Approval of the Minutes was deferred until after the Registrar's Report, Item 5 in the Minutes.

Copies of the Ontario College of Teachers Code of Ethics for Council Members were distributed to Council (GC19980226-29).

4. Business Arising

4.1 Proposed Policy on Criminal Records Screening (GC19980226-4)

It was moved by John Cruickshank and seconded by Kathleen McFadyen, “That the Council of the Ontario College of Teachers endorse the principle of criminal records checks being a requirement for admission to faculties of education, registration/certification by the College and for employment in both private and publicly-funded schools.”

It was moved by Larry Capstick and seconded by Stan Shapson, “That the Council amend the main motion by the deletion of the words after ‘criminal records’ and the addition of the words ‘screening policy’, to read: “That the Council of the Ontario College of Teachers endorse the principle of a criminal records screening policy.”

It was moved by Frances Hill, seconded by Clarice West-Hobbs, and

CARRIED

That the Council amend the amendment by the addition of the words ‘for the teaching profession to ensure the safety of the public interest’, to read: 'That the Council of the Ontario College of Teachers endorse the principle of a criminal records screening policy for the teaching profession to ensure the safety of the public interest'.

A vote was taken on the amendment, as amended, and it was

CARRIED,

That the Council of the Ontario College of Teachers endorse the principle of a criminal records screening policy for the teaching profession to ensure the safety of the public interest.

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

CARRIED,

That the Council of the Ontario College of Teachers endorse the principle of a criminal records screening policy for the teaching profession to ensure the safety of the public interest.

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council refer items 2-10 of the proposed Criminal Records Screening Policy (GC19980226-4) to the Executive Committee for study and report to the May 28-29, 1998 meeting of the Governing Council of the Ontario College of Teachers.

4.2 Travel Guidelines for Council Members (GC19980226-5)

During discussion on this item, it was noted that staff would report back to the Executive Committee on airline surcharges and discounts. It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council approve the Travel Guidelines for Members of Council dated January 9, 1998.

4.3 Proposed Amendment to Regulation 72/97 (GC19980226-6)

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council recommend that Ontario Regulation 72/97 section 8(1) be amended by deletion and substitution as follows: ‘If the seat of an elected member of Council becomes vacant not more than twelve months before the expiry of the member’s term of office, the Council may leave the seat vacant, or may fill the vacated position by appointment’.

It was moved by Kathleen McFadyen, seconded by John Cruickshank and

CARRIED,

That Council recommend that Ontario Regulation 72/97 section 9(1) as amended by Council on September 11&12, 1997, be amended by deletion and substitution as follows: “If the seat of an elected member of Council becomes vacant more than twelve months before the expiry of the member’s term of office, Council shall fill the vacated position through a by-election’.

4.4 Budget Line for Council Expenses (GC19980226-7)

It was moved John Cruickshank, seconded by Kathleen McFadyen, but

LOST,

That Council establish a budget line for Council members’ expenses to provide financial support where required for the members to fulfill their responsibilities to the constituency represented by the Council member.

4.5 Advance Communications between Committees and Council (GC19980226-8)

It was moved by Kathleen McFadyen and seconded by John Cruickshank, “That Council approve that a binder with copies of up-to-date committee and sub-committee agendas be placed in the Council Members’ lounge.”

It was moved by Diane Leblovic, seconded by Frances Hill, and

CARRIED,

That Council approve that the main motion be amended by substitution to read: 'That Council approve that a binder with copies of proposed committee and sub-committee agendas be placed in the Council Members’ lounge and that proposed agendas be made available to Council Members on request'.

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

CARRIED,

That Council approve that a binder with copies of proposed committee and sub-committee agendas be placed in the Council Members’ lounge and that proposed agendas be made available to Council Members on request.

It was noted that it was not intended that the above motion apply to confidential information.

5. Registrar’s Report — Margaret Wilson (GC19980226-9)

In addition to her written report, the Registrar informed Council that:

  • Louise Nadeau had resigned her position as Co-ordinator of Membership Services effective February 20, 1998. Noel Clark has been appointed Acting Co-ordinator of Membership Services.

  • Letters sent on February 20, 1999 to Directors of Education regarding unregistered teachers were generating responses. Approximately 2, 220 teachers were not yet registered.

She also confirmed that the date of the Annual Meeting of Members as May 30, 1998.

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council receive the report of the Registrar dated February 26, 1998.

6. Approval of Minutes — Continued (GC19980226-2)

It was agreed that the words ‘the profession of teaching’ be deleted from the amendment to the amendment proposed by Cornack/Somer under the Item 4.6, Code of Ethics for Council Members on page 6 of the Minutes.

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That the Minutes of the Council Meeting held on December 11&12, 1997 be approved as amended.

7. Chair’s Report — Donna Marie Kennedy

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council receive the verbal report of the Chair.

8. Committee Reports

8.1 Executive Committee Report - Donna Marie Kennedy (GC19980226-11)

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council receive the report of the Executive Committee dated February 11, 1998.

8.2 Report on Salary Administration Program (GC19980226-12)

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council approve the Salary Administration Program dated February 11, 1998.

Clarice West-Hobbs requested that the vote be recorded.

Recorded vote:

For

Against

Not Present

Sandi Bell Larry Capstick Liz Barkley
Jackie Breithaupt Doug Carter   Cecilia Reynolds
Paul Charron Wayne Cornack
John Cruickshank Margaret Dempsey
Lynn Daigneault Jean Hanson
Solette Gelberg Frances Hill
Michel Gravelle Harry Mulvale
Donna Marie Kennedy Clarice West-Hobbs

Marilyn Laframboise

Diane Leblovic

Alfred Lorenzi

Kathleen McFadyen

George Merrett

Karen Mitchell

Nicholas Myrhorod

William Rogers

Anthony Saldanha

Stan Shapson

John Slade

David Somer

Frances Thorne

   

For  21

Against  8

 

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That the Human Resources Advisory Sub-Committee monitor the implementation of the Salary Administration Program and report to the Executive on that implementation on an annual basis.

8.3 Investigations Committee Report — Harry Mulvale, Chair (GC19980226-13)

Pamphlets prepared by the Investigations and Hearings - Steps to Take If You Have a Concern About a Teacher (GC19980226-33) and Steps to Take If a Complaint is Filed Against You (GC19980226-32) - were distributed to Council.

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council receive the report of the Investigations Committee dated February 11, 1998.

8.4 Discipline Committee Report — George Merrett, Chair (GC19980226-14)

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council receive the report of the Discipline Committee dated February 13, 1998.

8.5 Fitness to Practise Committee Report — Marilyn Laframboise, Chair (GC19980226-15)

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council receive the report of the Fitness to Practise Committee dated January 9, 1998.

8.6 Registration Appeals Committee Report — Michel Gravelle, Chair (GC19980226-16)

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council receive the report of the Registration Appeals Committee dated December 29, 1998.

8.7 Accreditation Committee Report — Larry Capstick, Vice-Chair (GC19980226-17)

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council receive the report of the Accreditation Committee dated February 11, 1998.

8.8 Finance Committee Report — Paul Charron, Chair (GC19980226-18)

It was suggested that Council be provided with budget information from the British Columbia College of Teachers in order to compare expenditure lines. The Chair, Paul Charron, agreed that this could be done but questioned the usefulness of the information as there were differences in the mandates of the BCCT and the Ontario College of Teachers.

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council receive the report of the Finance Committee dated January 8, 1998.

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council appropriate the balance of the Members’ Equity Account in the amount available up to $2,500,000 at December 31, 1997 for the purpose of creating a working capital reserve.

8.9 Standards of Practice and Education Committee Report — Clarice West-Hobbs, Chair (GC19980226-19)

Copies of Professional Learning Framework (GC19980226-31) and Standards of Practice for the Teaching Profession (GC19980226-30) prepared by the College were distributed to Council.

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council receive the report of the Standards of Practice and Education Committee dated January 5, 1998.

8.10 Election Committee Report — Doug Carter, Chair (GC19980226-20)

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council receive the report of the Election Committee dated January 9, 1998.

9. Correspondence

There was no correspondence to report.

10. New Business

10.1 Notices of Motion

(William Rogers withdrew notices of motion circulated as numbers 8.1.1.1, 8.1.1.2, 8.1.1.5, and 8.1.1.6 in document number GC19980226-21).

10.1.1 From William Rogers — Candidate Withdrawal (GC19980226-21)

It was moved by William Rogers, seconded by John Slade, but

LOST,

That the Executive direct the appropriate committee to study the need for a procedure and possible recommendation for changes to bylaws, regulations or rules of order if required, for approval by the Council at its next meeting, that in the event that when a candidate has withdrawn after the close of nominations and this has resulted in only one candidate on the election slate, that further nominations can be accepted.

10.1.2 From William Rogers - Publicity Releases (GC19980226-21)

John Cruickshank assumed the role of the Chair.

It was moved by William Rogers and seconded by Alfred Lorenzi, “That although it is recognized that the Council has authorized the Chair, Vice- Chair and Registrar to issue releases and statements to the media in order to fulfill the responsibilities of the Council without dialogue or consultation with the members of the Council, such releases will be issued during a session of Council only after Council has approved its contents.”

It was moved by Michel Gravelle and seconded by Frances Hill, that the motion be amended to read, “That although it is recognized that the Council has authorized the Chair, Vice- Chair and Registrar to issue releases and statements to the media in order to fulfill the responsibilities of the Council without dialogue or consultation with the members of the Council, if such releases are to be issued during a session of Council they will only be issued after Council has approved its content.”

It was moved by Margaret Dempsey, seconded by Marilyn Laframboise, and

CARRIED,

That Council call the question on the amendment to the publicity releases motion.

A vote was taken on the amendment to the motion, but it was

LOST,

That although it is recognized that the Council has authorized the Chair, Vice- Chair and Registrar to issue releases and statements to the media in order to fulfill the responsibilities of the Council without dialogue or consultation with the members of the Council, if such releases are to be issued during a session of Council they will only be issued after Council has approved its content.

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

LOST,

That although it is recognized that the Council has authorized the Chair, Vice- Chair and Registrar to issue releases and statements to the media in order to fulfill the responsibilities of the Council without dialogue or consultation with the members of the Council, such releases will be issued during a session of Council only after Council has approved its contents.

Donna Marie Kennedy resumed the Chair.

10.1.3 From William Rogers — Professional Development Funding (GC19980226-21)

It was moved by William Rogers, seconded by Anthony Saldanha, but

LOST,

That the Ontario College of Teachers make recommendation to the Minister of Education and Training that funding formulae be developed in policies concerning the transfer of funds to boards of education that will be specific to professional ongoing learning for teachers.

10.1.4 From Anthony Saldanha — Conflict of Interest Policy & Operating Guidelines (GC19980226-22)

It was moved by Anthony Saldanha and seconded by William Rogers, “That the Council compile, as part of its by-laws, a full set of conflict of interest policies and operating guidelines for the Council members and staff of this College, and furthermore, such policies may specify that those who are currently the officers and/or directors of the Ontario College of Teachers’ Federation and/or any of its affiliates, not be permitted to seek elected positions on the Council.

It was moved by David Somer and seconded by Lynn Daigneault, “That Council refer the Conflict of Interest Policy & Operating Guidelines motion to the Executive Committee for study and report to the May 28-29, 1998 Governing Council meeting.”

It was moved by John Cruickshank, seconded by George Merrett, and

CARRIED,

That Council call the question on the Conflict of Interest Policy & Operating Guidelines motion to refer.

A vote was taken on the motion to refer, but it was

LOST,

That Council refer the Conflict of Interest Policy & Operating Guidelines motion to the Executive Committee for study and report to the May 28-29, 1998 Governing Council meeting.

There was a request from the floor that the Chair rule the main motion out of order. Referring to section 4.2(a) of the Ontario College of Teachers Act, the Chair declared the main motion out of order.

10.1.5 From the Executive Committee - Bylaws Amendments (GC19980226-23)

10.1.5.1 Bylaw 2

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council approve that Bylaw 2 be amended by the addition of a new subsection 9.17 to state: ‘Pursuant to section 52(1) (c) of the Act, and not withstanding any other provision of these bylaws, where:

a) a person is deemed by section 62(1) of the Act to hold a certificate of qualification and registration; and

b) such person has failed to:

i) provide information to the Registrar which members are required by Bylaw 6 to provide;

ii) pay the annual membership fee prescribed by the bylaws;

iii) apply to the Registrar for the issuance of a certificate of qualification and registration in accordance with the regulations;

the Registrar shall give the notice required by section 24(2) of the Act by causing a notice to be published in an English language daily newspaper and a French language daily newspaper having provincial circulation in Ontario, on at least two occasions. The published notice shall state the Registrar’s intention to suspend the certificate of qualification and the certificate of registration of any member who has not paid the prescribed annual fee by a specified date which is at least two months after the date on which the publication occurs'.

10.1.5.2 Bylaw 3

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council approve that Bylaw 3 be amended by the inclusion of a new subsection 1.07 to state: ‘Where a person is deemed by section 62(1) of the Act to hold a certificate of qualification and registration but that person has failed to provide to the Registrar the information required in Bylaw 6, the Registrar may provide the notice referred to in subsection 1.05 by causing to be published, in English and French language daily newspapers having provincial circulation in Ontario, a notice of the amount of the annual fee payable by members, the due date, and the date on which members will be considered in default of payment'.

10.1.5.3 Bylaw 4

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council approve that subsection 1.02 of Bylaw 4 be amended by deletion and substitution of the following: 'Despite subsection 1.01, in the case of those members deemed to hold a certificate of qualification and registration pursuant to section 62 of the Act, the member’s name on the register shall be the full name that appeared on the member’s initial registration form, or as later advised in accordance with subsection 1.03'.

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council approve that subsection 1.03 of Bylaw 4 be amended by deletion and substitution of the following:

'1.03 (a) a member may request in writing a change of the name that appears on the register and the registration documents issued by the College.

(b) where a member requests a change of name, the member shall file with the Registrar a change of name certificate issued under the Change of Name Act, or other proof of the change of name satisfactory to the Registrar, for example:

i) original birth certificate; or

ii) original or notarized baptismal record (Quebec); or

iii) change of name certificate; or

iv) notarized copy of Canadian Immigration Record; or

v) notarized copy of passport used to enter Canada.

(c) for the purposes of subsection (b) above, where a member adopted a name on marriage before April 1, 1987, and has not subsequently changed that name, and the member requests a change of the name on the register to reflect the name adopted on marriage, the Registrar may accept as sufficient proof of the change of name, a statement signed by the member indicating:

i) the date and place of the marriage;

ii) the surname of the member immediately before the marriage;

ii) the surname of the member adopted on marriage.

(d) where a member requests a change to the name that appears on the register, the Registrar shall, upon receipt of satisfactory proof, including those items listed in subsection 1.03 (b), enter the new name on the register and issue a replacement certificate of qualification and certificate of registration to the member, bearing the new name, without charge to the member'.

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council approve that subsection 2.01 of Bylaw 4 be amended by renumbering (b) to (f).

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council approve that subsection 3.02 of Bylaw 4 be amended by the addition of the number ‘(1)’ after the words ‘section 24’ in line 2.

10.1.5.4 Bylaw Amendment Process

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council approve that Bylaw 2 section 17.03 be amended by the deletion of the words ‘numbered according to the order in which it was passed,’ and ‘in its numerical order’ so that the section would read:

‘Every bylaw and every amendment and revocation thereof shall be certified by the Chair or Vice-Chair and by the Registrar, and sealed and maintained in a book’.

10.1.5.5 Consolidation of the Bylaws

It was moved by Kathleen McFadyen, seconded by John Cruickshank, and

CARRIED,

That Council approve that bylaws 2, 3, 4, 5 and 6, and all amendments thereto be combined into a new bylaw, to be called The Bylaws of the Ontario College of Teachers.

10.1.6 Human Resources Advisory Sub-Committee

It was moved by Lynn Daigneault and seconded by Jackie Breithaupt, “That the Executive Committee appoint one elected member and one appointed member of Council to the Human Resources Advisory Sub-Committee to augment the existing membership and to provide Council with additional input into the development of policies and programs relating to employee compensation and classification.”

It was moved by John Cruickshank, seconded by Kathleen McFadyen and

CARRIED,

That the Daigneault/Breithaupt motion be referred to the Executive Committee for study and report to the May 28-29, 1998 Governing Council meeting:

“That the Executive Committee appoint one elected member and one appointed member of Council to the Human Resources Advisory Sub-Committee to augment the existing membership and to provide Council with additional input into the development of policies and programs relating to employee compensation and classification.”

11. Notice of Motion

The following Notice of Motion was read into the record for the May 28-29, 1998 Governing Council Meeting:

Retention of Telephone Call Records

Doug Carter/Larry Capstick

That no record of a phone call of concern about a member shall be kept for longer than 90 days unless as the result of that phone call a formal complaint has been made in writing.

12. Next Meeting

The next meeting of the Council would be held by conference call on April 27, 1998 to approve the 1997 audited financial statements. The time to be determined.

The next regular meeting of the Council would be held on May 28-29, 1998 at

9:00 a.m.

The Annual Meeting of members would be held on May 30, 1998 at 10:00 a.m.

It was agreed that lists of future committee dates would be sent to Council members on a regular basis.

13. Adjournment

The meeting adjourned at 4:30 p.m.

Signed: Chair

Dated

Addendum to the Minutes of the Meeting of the Governing Council of the Ontario College of Teachers, held on Thursday, February 26, 1998 in the Council Chambers, 121 Bloor Street East, Toronto.

7. Chair’s Report — Donna Marie Kennedy

The Chair indicated that there would be no formal Chair’s report and that her report would be contained in the Executive Committee Report.

The Chair further informed members that a meeting had been scheduled with the Minister of Education and Training on March 6, 1998. She indicated that staff would try to schedule regular meetings with the Minister and that the Minister would be invited to the May 1998 Council meeting as per the requirement in the College’s legislation.

It was moved by John Cruickshank, seconded by Kathleen McFadyen, and

CARRIED,

That Council receive the verbal report of the Chair.

Signed: Chair

Dated

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