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Minutes of Council Meetings

MINUTES

Council Meeting

Council Chambers, 15th Floor,

101 Bloor Street West, Toronto

March 2-3, 2017

Minutes of the Council Meeting of the Ontario College of Teachers held on March 2-3, 2017 the Council Chambers, 15 th Floor, 101 Bloor Street West, Toronto

Table of Contents

1. Call to Order/Welcome

2. Agenda and Approval of Preparation Time

3. Conflict of Interest

4. New Business

4.1 Appointment of French-language Roman Catholic Board Secondary Position

5. Public Presentations

5.1 Presentation #1: Process for Remediation of Teachers

5.2 Presentation #2: Proposed College Bylaw Amendments

6. Minutes

6.1 Meeting, December 1-2, 2016

7. Business Arising

8. Registrar’s Report

8.1 Financial Report as December 31, 2016

9. Chair’s Report

9.1 Report

10. Commitee Reports

10.1 Executive Committee

10.2 Investigation Committee

10.3 Discipline Committee

10.4 Fitness to Practise Committee

10.5 Registration Appeals Committee

10.6 Finance Committee

10.7 Standards of Practice and Education Committee

10.8 Accreditation Committee

10.9 Accreditation Appeal Committee

10.10 Human Resources Committee

10.11 Editorial Board

10.12 Governance Committee

10.13 Quality Assurance Committee

11. Correspondence

12. New Business (Continued)

12.1 Report of the Public Interest Committee

12.2 College Bylaws: Proposed Amendments to Section 25 Contents of the Register and Section 26 – Information to be removed from the Register

12.3 College Bylaws: Proposed Amendment to Section 25.01 – Contents of  the Register (Reprimands)

12.4 Amendments to Regulation 293/00 – Election of Council Members

12.5 Amendments to Regulation 72-97 – General re Council Member Interim Suspension Provisions

12.6 Increasing the Size of the Combined Membership of the Discipline and Fitness to Practise Committee

13. Notices of Motion

14. Next Meeting(s) of Council

15. Adjournment

Session 1: Thursday March 2, 2017

Present : Pier-Olivier Arsenault, OCT; Brian Beal, OCT; Jean-Luc Bernard, OCT; Marie-Louise Chartrand; Ann Ciaschini, OCT; Angela De Palma, OCT, (Chair); Elizabeth Edgar-Webkamigad, OCT; Susan E. Elliott-Johns, OCT; Tim Gernstein, OCT; Godwin Ifedi; Jane Ishibashi; Jacqueline Karsemeyer, OCT; Matthew Kavanagh, OCT; James Knopp (via teleconference); Colleen Landers; Shanlee Linton, OCT; Myreille Loubert, OCT, (Vice-Chair); Shannon Marcus, OCT; Richard Michaud, OCT; Sara Nouini, OCT;  Claudia Patenaude-Daniels, OCT (from 1:05 p.m.); Bill Petrie; Tom Potter; Robert Ryan, OCT; Anthony Samchek, OCT; Vicki Shannon, OCT; Jennifer Stewart, OCT; Stéphane Vallée, OCT; Nicole van Woudenberg, OCT; Ravi Vethamany, OCT; Wes Vickers, OCT; Marie-Claude Yaacov; Michael Salvatori, OCT, (Registrar)

Regrets: Robert Gagné; Marie-Thérèse Hokayem; Brigitte Bidal Piquette, OCT; Ronna Warsh

Guests: Bill Kirkwood, Chair of the Public Interest Committee (from 3:00 p.m. to 3:15 p.m.) Jacques Lupien, Public Interest Committee Member (from 3:00 p.m. to 3:15 p.m.)
Presenter: Catherine Zacal, (from 1:10 p.m. to 1:30 p.m.) (via teleconference)
Presenter: Michael Foulds, OTF President (from 1:30 p.m. to 1:50 p.m.)

Presiding Officer: Lori Lukinuk

Staff: Kim Bauer; Chantal Bélisle, OCT; Tan Crombie; Roch Gallien, OCT; Myrtle Herzenberg; Joe Jamieson, OCT, (Deputy Registrar); Richard Lewko; Charlie Morrison; Linda Zaks-Walker, OCT

1. Call to Order/Welcome

The Presiding Officer, Lori Lukinuk, called the meeting to order at 1:00 p.m. and welcomed all present.

She informed members that two placemats had been handed out for members' information:

  • The College's Mission, Vision, Values and Strategic Priorities
  • College Council Parliamentary Procedural Tips

The Chair welcomed all Council members, individuals in the public gallery, and Lois Mahon, President of the College of Early Childhood Educators to the meeting.

On behalf of Council, the Chair congratulated Brian Beal for being named the recipient of the Ontario Catholic Supervisory Officers' Association Distinguished Leadership Award for 2017, an award that recognizes outstanding ability and leadership in Catholic education at both the provincial and local school system levels.

It was noted that Myreille Loubert and Marie-Louise Chartrand comprised the Steering Committee.

2. Agenda and Approval of Preparation Time (GC20170302-01)

Wes Vickers, Vice-Chair of the Discipline Committee, requested that an item be added to the agenda under New Business (item 11.7) to deal with increasing the size of the combined membership of the Discipline and Fitness to Practise Committee.

It was moved by Vicki Shannon, seconded by Robert Ryan, and

CARRIED,

That Council consider Item 11.4 (College Bylaws: Proposed Amendments to S. 25 Contents of the Register and s. 26 Information to be removed from the Register) immediately following the presentation of the Public Interest Committee report.

It was moved by Steering, and

CARRIED,

That the Agenda for the March 2-3, 2017 Council meeting be approved, as amended.

It was agreed that Council members would be entitled to one full day of preparation time.

3. Conflict of Interest

No conflicts were declared.

4. New Business

4.1 Appointment of French-language Roman Catholic Board Secondary Position (GC20170302-19)

(Timed Item: Thursday, March 2, 2017, 1:05 p.m.)

Matthew Kavanagh, Chair of the Governance Committee, advised Council that the committee had interviewed Claudia Patenaude-Daniels on February 16, 2017. Claudia Patenaude-Daniels replaces William Ngassam on Council.

It was moved by Matthew Kavanagh, Chair of the Governance Committee, and

CARRIED,

That Council appoint Claudia Patenaude-Daniels, OCT as the representative for the French-language Roman Catholic Board Secondary position.

The Chair of Council welcomed and introduced Claudia Patenaude-Daniels to Council.

5. Public Presentations

5.1 Presentation #1: Process for Remediation of Teachers

(Timed Item: Thursday, March 2, 2017, 1:10 p.m.)

  • Catherine Zacal, DDS

Catherine Zacal made a presentation on the Process for the Remediation of Teachers.

A question and answer session followed the presentation.

The Presiding Officer thanked Catherine Zacal for her presentation.

5.2 Presentation #2: Proposed College Bylaw Amendments

(Timed Item: Thursday, March 2, 2017, 1:30 p.m.)

  • Michael Foulds, OTF President

Michael Foulds, OTF President, advised that he was making the presentation on behalf of the affiliates of the Ontario Teachers' Federation, on the proposed amendments to the College bylaws, specifically section 26.

A question and answer session followed the presentation.

The Presiding Officer thanked Michael Foulds for his presentation.

6. Minutes

6.1 Meeting, December 1-2, 2016 (GC20170302-02)

The Minutes of the Council Meeting held on December 1-2, 2016 were approved by unanimous consent.

7 . Business Arising

There were no business arising items.

8. Registrar's Report (GC20170302-04)

The Registrar's Report was received. The Registrar spoke to his report and responded to questions.

The Registrar highlighted the following:

  • Bill 37, Protecting Students Act, 2016 had received royal assent on December 5, 2016. The bill amended the College's Act to enhance several disciplinary processes.
  • There are seven areas of Bill 37 that are inconsistent with Council direction. He advised how each of these areas would be dealt with by the College.
  • As part of the 20th Anniversary celebrations of the College, a panel discussion on the College achievements over the past 20 years would take place at the Annual Meeting of Members on June 8, 2017 with the first College Registrar, Margaret Wilson, OCT, the first College Chair, Donna Marie Kennedy, former Education Minister Dave Cooke, and Dr. Avis Glaze, former Commissioner of the Royal Commission on Learning.
  • The decline in member applications due to the Enhanced Teacher Education Program.
  • The development of the College's sixth professional advisory on Responding to the Bullying of Students and advised that Council could expect to see a draft for approval at the June Council meeting.

8.1 Financial Report as December 31, 2016 (GC20170302-05)

The Ontario College of Teachers' Financial Report as at December 31, 2016 was received. The Deputy Registrar, Joe Jamieson, spoke to the report and responded to questions.

9. Chair's Report

9.1 Report (GC20170302-06)

The Chair's Report was received. The Chair, Angela De Palma, spoke to her report.

10. Committee Reports

10.1 Executive Committee (GC20170302-07)

The report of the Executive Committee was received. The Chair, Angela De Palma, spoke to the report and responded to questions.

The Chair noted:

  • The implementation plan for the use of GoToMeeting software, to be used in conjunction with the eScribe electronic document management system to enable Council members to actively participate in the work of committees and panels remotely, and that the Investigation Committee would pilot the process at future panel meetings.
  • The options to allow for some form of representation by scholarship winners unable to attend the award presentation in person.

10.2 Investigation Committee (GC20170302-08)

The report of the Investigation Committee was received. The Chair, Robert Ryan, spoke to the report and responded to questions.

10.3 Discipline Committee (GC20170302-09)

The report of the Discipline Committee was received. The Vice-Chair, Wes Vickers, spoke to the report and responded to questions.

10.4 Fitness to Practise Committee (GC20170302-10)

The report of the Fitness to Practise Committee was received. The Chair, Shanlee Linton, spoke to the report and responded to questions.

10.5 Registration Appeals Committee (GC20170302-11)

The report of the Registration Appeals Committee was received. The Chair, Brian Beal, spoke to the report and responded to questions.

10.6 Finance Committee (GC20170302-12)

The report of the Finance Committee was received. The Chair, Marie-Louise Chartrand, spoke to the report.

10.7 Standards of Practice and Education Committee (GC20170302-13)

The report of the Standards of Practice and Education Committee was received. The Chair, Ravi Vethamany, spoke to the report and responded to questions.

He welcomed Jacqueline Karsemeyer and Colleen Landers to the committee.

Following a request it was agreed to post Richard Hill's presentation to the Standards of Practice and Education Committee on the work of the Indigenous Knowledge Center as it relates to the Truth and Reconciliation Calls to Action to CouncilNet.

10.8 Accreditation Committee (GC20170302-14)

The report of the Accreditation Committee was received. The Chair, Nicole van Woudenberg, spoke to the report.

10.9 Accreditation Appeal Committee

There was no report.

10.10 Human Resources Committee

There was no report.

10.11 Editorial Board (GC20170302-15)

The report of the Editorial Board was received. The Chair, Myreille Loubert, spoke to the report.

10.12 Governance Committee (GC20170302-16)

The report of the Governance Committee was received. The Chair, Matthew Kavanagh, spoke to the report and responded to questions.

The Chair congratulated Claudia Patenaude-Daniels on her appointment to Council.

It was agreed that Richard Steinecke would make a presentation on Effective Board Governance at the briefing session at the June 2017 Council meeting.

It was agreed to place the following items on a future Governance Committee Agenda:

  • The availability of all committee documents to all Council members.
  • Process for the development of the 8th Council committee slates.

10.13 Quality Assurance Committee

There was no report. The Chair, Robert Ryan, advised that the Quality Assurance Committee had met on February 22nd and would be reporting to the June Council on the matters discussed at this meeting.

11. Correspondence (GC20170302-17, -18)

The following items of correspondence were received for information:

  • Letter to the Minister of Education re Medical Assessments and Interim Suspensions (GC20170302-17)
  • Letter to the Minister of Education re Election Regulation Amendments

(GC20170302-18)

12. New Business (Continued)

12.1 Report of the Public Interest Committee (GC20170302-20)

(Timed Item: Thursday, March 2, 2017, 3:00 p.m.)

The report of the Public Interest Committee was received. Bill Kirkwood, Chair of the Public Interest Committee, spoke to the report and answered questions.

The committee recommended that the survey of private and independent schools and its results be shared with members of the Quality Assurance Committee for further review in connection with possible links to the College's strategic priorities.

Bill Kirkwood noted that his term on the Public Interest Committee ends on
March 4, 2017 and that he would not be seeking reappointment. He thanked the following staff members for the work they had done for the Public Interest Committee: Jacquie Lord, Kim Bauer, Richard Lewko, Charlie Morrison and Tan Crombie. He also thanked the former Chair, Liz Papadopoulos, and present Chair, Angela De Palma, for their contribution to the committee's work.

The Chair, Angela De Palma, thanked Bill Kirkwood and Jacques Lupien for their service to the College and for their contributions to the Public Interest Committee. She presented each of them with a gift.

12.2 College Bylaws: Proposed Amendments to Section 25 Contents of the Register and Section 26 - Information to be removed from the Register (GC20170302-22)

(Timed Item: Thursday, March 2, 2017, immediately following the Public Interest Committee presentation)

The Registrar made a PowerPoint presentation on the proposed bylaw amendments to the information on the public register. He demonstrated how information could be found on the public register and how notations were added to the public register. He also demonstrated how the discipline decision database is accessed and how hyperlinks to decisions were attached to the decision database.

He also demonstrated how decisions were recorded on QuickLaw and on the CanLII databases.

A question and answer session ensued.

It was moved by Robert Ryan, seconded by Ravi Vethamany, and

CARRIED,

That Council extend discussion on the College Bylaws s. 25 - Contents of the Register and s. 26 - Information to be removed from the Register for a third round of questions.

A further question and answer session ensued.

It was moved by Steering, " That Council approve that Section 25 and 26 of the College Bylaws be amended by deletion, addition and substitution as follows:

Section 25 - Contents of the Register

25.01 In addition to the information prescribed by section 23 of the Act, the register shall contain:

a. each member's College registration number

b. if the Discipline Committee has made a decision, or adopted a resolution, a notation stating: subject to any order of the Discipline or Fitness to Practise Committees, if a finding of professional misconduct, incompetence or incapacity has been made :

i. that fact

ii. the date of the finding, decision or the date of the adoption of the resolution

iii. the finding, if any

iv. the fact of any penalty ordered, subject to any order made by the Discipline Committee pursuant to section 30(5) of the Act with respect to the period of time that any reprimand, admonishment or counselling shall be recorded on the register.

the penalty,

v. if under appeal, a notation statement to that effect

vi. in the case of a decision of the Discipline Committee, a hyperlink to the decision that is contained on the College's website.

vii. if terms, limitations, conditions have been imposed, a notation to that effect

viii. if a member is reinstated following cancellation or revocation of the member's certificate a notation statement to that effect.

c. the decision of the Discipline Committee on the College website that is linked to the register, in accordance with section 23(2)(b.5) of the Act, shall include the text of any reprimand ordered by the Discipline Committee and delivered to the member.

d. subject to any order of the Fitness to Practise Committee, if a decision of the Fitness to Practise Committee has been made, a notation stating:

i. that fact

ii. the date of the decision

iii. the disposition, if any

iv. if under appeal, a statement to that effect

e. If the Investigation Committee adopts a resolution that provides for a notation to be included on the register, a notation stating:

i. the fact of the adoption of the resolution

ii. the date of the adoption of the resolution

iii. the disposition, if any

iv. if under appeal, a statement to that effect

v. if the resolution provides for the resolution, summary of the resolution or a part of the resolution to be published on the College's website, a link to that publication

f. where a matter has been referred to the Discipline Committee under section 26, 29 or 33 of the Act, a notation stating that fact and the date of the referral .

g. the date on which the member's certificate of qualification and registration was issued and, if applicable, the termination or expiration date

h. the basic qualifications of the member as entered on the member's certificate of qualification

i. any additional qualifications of the member as entered on the member's certificate of qualification

j. any program of teacher education which has been completed by the member and entered on the member's certificate of qualification.

k. a notation that a Notice of Hearing has been issued, as a result of referral from the Investigation Committee to the Discipline Committee, and the notation will remain on the register until the matter has been resolved

l. a summary of a restriction imposed on a member's right to teach (practise) eligibility to teach or practice the profession as a result of an undertaking or an agreement entered into between the member and the College or one of its statutory committees

m. a summary of a restriction imposed on a member's right to teach that has been imposed by a court or other lawful authority, including the name of the court or other lawful authority that imposed the restriction, and the date the restriction was imposed.

Section 26 - Information to be removed from the Register

26.01 Notwithstanding section 23 of the Act, and other provision of the bylaws:

a. if:

i. a finding of professional misconduct was made against a member, and

ii. the penalty imposed was limited to a reprimand, admonishment, counselling, or a fine, and

iii. at least three (3) years have elapsed since the order became final,

the finding of professional misconduct and the order shall be removed from the register, subject to any order of the Discipline Committee;

b. if:

i. a finding of professional misconduct, incompetence or incapacity was made against a member or conditions were imposed by the Registration Appeals Committee or the Registrar;

ii. the order imposed was limited to terms, conditions or limitations imposed upon a member's certificate, and

iii. the terms, conditions, or limitations have been fulfilled or removed from the certificate

the content of the terms, conditions, or limitations and related finding if applicable shall be removed from the register, subject to any order of the Discipline, Fitness to Practise, or Registration Appeals Committees.

26.02 Where a member's certificate of qualification and registration has been suspended by the Registrar pursuant to section 24(1) of the Act, and that suspension has been removed pursuant to section 24 (3), the notation of that suspension shall be removed from the register.

26.02 Where a matter has been referred to the Discipline Committee under section 26, 29 or 33 of the Act, a notation stating that fact and the date of the referral shall be removed from the register when a notation that a Notice of Hearing for the matter has been issued appears on the register.

The meeting recessed at 5:00 p.m.

Minutes of the Council Meeting of the Ontario College of Teachers held on March 2-3, 2017 in the Council Chambers, 15th Floor, 101 Bloor Street West, Toronto

Session 2: Friday March 3, 2017

Present : Pier-Olivier Arsenault, OCT; Brian Beal, OCT; Jean-Luc Bernard, OCT (until 10:30 a.m.); Marie-Louise Chartrand (until 2:15 p.m.); Ann Ciaschini, OCT (until 2:10 p.m.); Angela De Palma, OCT, (Chair); Elizabeth Edgar-Webkamigad, OCT; Susan E. Elliott-Johns, OCT; Tim Gernstein, OCT; Godwin Ifedi; Jane Ishibashi; Jacqueline Karsemeyer, OCT; Matthew Kavanagh, OCT; James Knopp (via teleconference); Colleen Landers; Shanlee Linton, OCT; Myreille Loubert, OCT, (Vice-Chair) (until 2:15 p.m.); Shannon Marcus, OCT; Richard Michaud, OCT; Sara Nouini, OCT; Claudia Patenaude-Daniels, OCT; Bill Petrie; (from 1:20 p.m.) Tom Potter; Robert Ryan, OCT; Anthony Samchek, OCT; Vicki Shannon, OCT (via teleconference); Jennifer Stewart, OCT; Stéphane Vallée, OCT (until 2:10 p.m.); Nicole van Woudenberg, OCT; Ravi Vethamany, OCT; Wes Vickers, OCT; Marie-Claude Yaacov; Michael Salvatori, OCT, (Registrar)

Regrets: Robert Gagné; Marie-Thérèse Hokayem; Brigitte Bidal Piquette, OCT; Ronna Warsh

Presiding Officer: Lori Lukinuk

Staff: Kim Bauer; Chantal Bélisle, OCT; Tan Crombie; Roch Gallien, OCT; Myrtle Herzenberg; Joe Jamieson, OCT, (Deputy Registrar); Richard Lewko; Charlie Morrison; Linda Zaks-Walker, OCT

The meeting resumed at 9:00 a.m.

12. New Business (Continued)

12.2 College Bylaws: Proposed Amendments to Section 25 Contents of the Register and Section 26 - Information to be removed from the Register (GC20170302-22) (Continued)

The Presiding Officer noted that Council had put the motion on the floor prior to recessing the previous day.

It was moved by Wes Vickers, seconded by Robert Ryan, and

CARRIED,

That the motion be divided into section 25 and section 26.

eScribe Vote:

For: Pier-Olivier Arsenault, Brian Beal, Jean-Luc Bernard, Ann Ciaschini, Angela De Palma, Elizabeth Edgar-Webkamigad, Susan Elliott-Johns, Tim Gernstein, Godwin Ifedi, Jane Ishibashi, Jacqueline Karsemeyer, Matthew Kavanagh, James Knopp, Colleen Landers, Shanlee Linton, Shannon Marcus, Sara Nouini, Tom Potter, Robert Ryan, Anthony Samchek, Jennifer Stewart, Stéphane Vallée, Nicole van Woudenberg, Ravi Vethamany, Wes Vickers, Marie-Claude Yaacov

Against: Marie-Louise Chartrand, Myreille Loubert, Richard Michaud

Result

For : 26

Against : 3

Abstain: 2

Absent: 5

It was moved by Michael Salvatori, seconded by Angela De Palma, and

CARRIED,

That section 25 (c) be removed from consideration of the motion, to be discussed under agenda item 11.3.

eScribe Vote:

For: Pier-Olivier Arsenault, Brian Beal, Jean-Luc Bernard, Marie-Louise Chartrand, Ann Ciaschini, Angela De Palma, Elizabeth Edgar-Webkamigad, Susan Elliott-Johns, Tim Gernstein, Jane Ishibashi, Jacqueline Karsemeyer, Matthew Kavanagh, James Knopp, Shanlee Linton, Myreille Loubert, Shannon Marcus, Richard Michaud, Sara Nouini, Tom Potter, Robert Ryan, Anthony Samchek, Vicki Shannon, Jennifer Stewart, Stéphane Vallée, Nicole van Woudenberg, Ravi Vethamany, Wes Vickers, Marie-Claude Yaacov

Against; Colleen Landers

Result

For : 28

Against : 1

Abstain: 2

Absent: 5

It was moved by Colleen Landers, seconded by Wes Vickers, but it was

LOST,

That Council postpone consideration of item 11.4 s. 25 until after discussion of s. 26.

eScribe Vote:

For: Pier-Olivier Arsenault, Ann Ciaschini, Susan Elliott-Johns, Tim Gernstein, Godwin Ifedi, Jane Ishibashi, Jacqueline Karsemeyer, Colleen Landers, Shanlee Linton, Richard Michaud, Robert Ryan, Anthony Samchek, Nicole van Woudenberg, Wes Vickers, Marie-Claude Yaacov

Against; Brian Beal, Jean-Luc Bernard, Marie-Louise Chartrand, Angela De Palma, Elizabeth Edgar-Webkamigad, Matthew Kavanagh, James Knopp,  Myreille Loubert, Shannon Marcus, Sara Nouini, Tom Potter, Vicki Shannon, Jennifer Stewart, Ravi Vethamany

Result

For : 15

Against : 14

Abstain: 2

Absent: 5

It was noted that a two-thirds vote was required to pass a motion to amend the agenda.

A vote was taken on the first part of the divided motion, and it was

CARRIED,

That Council approve Section 25 of the College Bylaws, excluding section (c), as amended by deletion, addition and substitution, and renumbered accordingly, as follows:

Section 25 - Contents of the Register

25.01 In addition to the information prescribed by section 23 of the Act, the register shall contain:

a. each member's College registration number

b. if the Discipline Committee has made a decision, or adopted a resolution, a notation stating:

i. that fact

ii. the date of the decision or the date of the adoption of the resolution

iii. the finding, if any

iv. the fact of any penalty ordered, subject to any order made by the Discipline Committee pursuant to section 30(5) of the Act with respect to the period of time that any reprimand, admonishment or counselling shall be recorded on the register.

v. if under appeal, a statement to that effect

vi. if a member is reinstated following revocation of the member's certificate a statement to that effect.

c. subject to any order of the Fitness to Practise Committee, if a decision of the Fitness to Practise Committee has been made, a notation stating:

i. that fact

ii. the date of the decision

iii. the disposition, if any

iv. if under appeal, a statement to that effect

d. if the Investigation Committee adopts a resolution that provides for a notation to be included on the register, a notation stating:

i. the fact of the adoption of the resolution

ii. the date of the adoption of the resolution

iii. the disposition, if any

iv. if under appeal, a statement to that effect

v. if the resolution provides for the resolution, summary of the resolution or a part of the resolution to be published on the College's website, a link to that publication

e. where a matter has been referred to the Discipline Committee under section 26, 29 or 33 of the Act, a notation stating that fact and the date of the referral