Minutes of Council Meetings
Minutes of the Meeting of the Council of the Ontario College of Teachers held on June 8-9, 2000 in the Council Chambers, 6th Floor, 121 Bloor Street East, Toronto.
Table of Contents
1. Call to Order and Welcome
2. Approval of Agenda
3. Minutes
4. Business Arising
5. Registrar’s Report
6. Committee Reports
7. Correspondence
8. Committee Reports (continued)
9. New Business
10. Notices of Motion
11. Next Meetings
12. Adjournment
SESSION I
Date: June 8, 2000
Present: Samy Appadurai, Liz Barkley, Jackie Breithaupt, Douglas Brown, Bill Bryce (from 4:30 p.m.), Sterling Campbell, Larry Capstick, Ernie Checkeris, Wayne Cornack, Janet Cornwall, John Cruickshank (Vice-chair), Patrick Daly, Margaret Dempsey, Solette N. Gelberg, Jean Hanson, Donna Marie Kennedy (Chair), Martin Kings, Marilyn Laframboise (until 1:50 p.m.), Diane Leblovic, Elayne McDermid, George Merrett, Karen Mitchell, Larry Mongeon, Harry Mulvale, Ron Rambarran, Cecilia Reynolds, David Somer, Frances Thorne, Clarice West-Hobbs, Margaret Wilson (Registrar)
Regrets: Doug Carter, Paul Charron
Speaker: Lise St. Eloi
Guests: L. Thomas Forbes (McCarthy Tétrault)
Staff: Carmen Aranas, Joe Atkinson, Margaret Aubé, Genny Humby, Marie-France LeFort, Linda Grant, Richard Lewko, Charlie Morrison, Patrick O’Neill, Lynda Palazzi, Josie Peretti
1. Call to Order and Welcome
The Chair, Donna Marie Kennedy, called the meeting to order at 1:10 p.m. She advised Council members that as a result of the expiration of the term of office of Kathleen McFadyen, the Steering Committee would consist of John Cruickshank and Solette N. Gelberg.
The Chair welcomed the new appointed members of Council, Samy Appadurai, Doug Brown, Janet Cornwall, Martin Kings and Elayne McDermid.
2. Approval of Agenda (GC20000608-70)
It was moved and seconded by Steering, and
CARRIED,
That the Agenda for the June 8—9, 2000 meeting of the Council of the Ontario College of Teachers be approved.
3. Minutes
3.1 Meeting, February 24-25, 2000 (GC20000608-71)
It was moved and seconded by Steering, and
CARRIED,
That the Minutes of the February 24-25, 2000 meeting of the Council of the Ontario College of Teachers be approved.
3.2 Special Meeting, April 10, 2000 (GC20000608-73)
It was moved and seconded by Steering, and
CARRIED,
That the Minutes of the Special Meeting of Council held on April 10, 2000 be approved.
3.3 In Camera Session, April 10, 2000 (GC20000608-80C)
It was moved and seconded by Steering, and
CARRIED,
That the Minutes of the in camera session held during the Special Meeting of Council on April 10, 2000 be approved.
It was moved and seconded by Steering, and
CARRIED,
That the confidential classification of the minutes of the in camera session held during the Special Meeting of Council on April 10, 2000 be removed.
3.4 Special Meeting, April 17-18, 2000 (GC20000608-75)
The Minute Book had been corrected to include the names of Ron Rambarran and Cecilia Reynolds under those present.
It was moved and seconded by Steering, and
CARRIED,
That the Minutes of the Special Meeting of Council held on April 17-18, 2000 be approved as corrected.
3.5 Special Meeting, May 10, 2000 (GC20000608-77)
The Minutes had been corrected to amend the spelling of the name of Samy Appadurai.
It was moved and seconded by Steering, and
CARRIED,
That the Minutes of the Special Meeting of Council held on May 10, 2000 be approved as corrected.
4. Business Arising
4.1 Criminal Records Screening Policy Review (GC20000608-79)
The report of the Executive Committee was received. The Chair, Donna Marie Kennedy, spoke to the report and the Registrar, Margaret Wilson, provided additional details and answered questions.
It was moved and seconded by Steering, and
CARRIED,
That the Criminal Records Screening Policy of the Ontario College of Teachers be amended by the addition of the words “criminal record declaration and” in section 3 so that section 3 would read:
3. All positive criminal record declarations and reports of criminal offences will be examined by the Registrar to determine whether the record of offence(s) is relevant to the applicant’s honest, integrity and/or suitability to practise the profession and whether the offence(s) constitute reasonable grounds for refusal to issue a certificate of qualification and registration, or to impose terms, conditions or limitations on registration, in accordance with Section 18(2) of the Ontario College of Teachers Act.
It was noted that the Executive Committee would provide notice of a motion to amend the bylaws at the October 2000 Council Meeting. The motion, if passed would withdraw the requirement for foreign criminal record checks and require applicants to provide a Canadian criminal record check report regardless of how long they had resided in Canada.
It was moved and seconded by Steering, “That further consideration of the Criminal Record Screening Policy be deferred pending the report of the Subcommittee Co-ordinating the Consideration of the Robins’ Report.”
It was moved by Harry Mulvale , and accepted as a friendly amendment, that the motion be amended by the insertion of the word “Executive “ before the word Subcommittee, so that the motion would read: “That further consideration of the Criminal Records Screening Policy be deferred pending the report of the Executive Subcommittee Co-ordinating the Consideration of the Robins’ Report”.
A vote was taken on the main motion as amended, and
CARRIED,
That further consideration of the Criminal Records Screening Policy be deferred pending the report of the Executive Subcommittee Co-ordinating the Consideration of the Robins’ Report.
4.2 Election Regulation (GC20000608—113)
This information had been provided for information. The report of the Election Committee would be dealt with later in the meeting.
5. Registrar’s Report (GC20000608—82)
The Registrar’s Report was received. Margaret Wilson spoke to the report and answered questions.
5.1 Pre-payment of Membership Fees (GC20000608—83)
The information was noted. The Registrar commented that prepayment for periods in excess of 12 months would not be possible, as membership fees would not have been set.
6. Committee Reports
6.1 Executive/Chair’s Report (GC20000608-84)
The Executive Committee Report was a timed item for June 9, 2000. See item 8.1.
6.2 Discipline (GC20000608—85)
The report of the Discipline Committee was received. The Chair, George Merrett, spoke to the report and answered questions.
6.3 Fitness to Practise (GC20000608—86)
The report of the Fitness to Practise Committee was received. The Vice- chair, George Merrett, spoke to the report and answered questions on behalf of the Chair, Marilyn Laframboise.
6.4 Investigation (GC20000608—87, GC20000608—88)
The reports of the Investigation Committee were received. The Chair, Harry Mulvale, spoke to the reports and answered questions. He informed the meeting that legal advice had been received to the effect that it was not advisable that members of the Investigation Committee participate in joint meetings with the Discipline and/or the Fitness to Practise Committees. However, joint-training sessions would continue to be provided.
6.5 Registration Appeals (GC20000608—89, GC20000608—95)
The reports of the Registration Appeals Committee were received. The Vice-chair, Jackie Breithaupt, spoke to the reports and answered questions on behalf of the Chair, Doug Carter.
6.6 Standards of Practice & Education (GC20000608—90, GC20000608—96)
The reports of the Standards of Practice and Education Committee were received. The Chair, Clarice West-Hobbs, spoke to the reports and answered questions.
The report of the Standards of Practice and Education Committee is continued under item 6.8.
6.7 Finance (GC20000608—92, GC20000608—93, GC20000608—94, GC20000608—118)
The report of the Finance Committee was considered at this time. The Chair, Solette N. Gelberg, spoke to the report and answered questions.
It was moved by Solette N. Gelberg, and
CARRIED,
That the 2001 Budget Guidelines be approved.
It was moved by Solette N. Gelberg, and
CARRIED,
That PriceWaterhouseCoopers be reappointed as auditors for the 2000 Fiscal Year.
6.8 Standards of Practice & Education (continued)
It was moved by Clarice West-Hobbs, and
CARRIED UNANIMOUSLY,
That the Ethical Standards for the Teaching Profession as amended May 18, 2000 be approved.
It was moved by Clarice West-Hobbs, and
CARRIED,
That the Ethical Standards for the Teaching Profession be reviewed within 5 years.
6.9 Accreditation (GC20000608—91)
The report of the Accreditation Committee was received. The Chair, Cecilia Reynolds, spoke to the report and answered questions. She advised Council that because of a conflict of interest, she had not participated in any of the Committee’s deliberations regarding the OISE/UT Master of Teaching program. Larry Capstick, Vice-chair, commented on this part of the Accreditation Committee report and answered questions.
Wayne Cornack left the meeting at 4:50 p.m.
6.10 Election (GC20000608—97)
The report of the Election Committee was received. The Vice-chair, George Merrett, spoke to the report on behalf of the Chair, Doug Carter, and answered questions.
Harry Mulvale left the meeting at 5:00 p.m.
It was agreed to consider items of correspondence at this time.
7. Correspondence
The following items of correspondence were noted:
7.1 Letter to Minister of Education re Status of Election Regulation (GC20000608-101)
7.2 Letter and reply to OADE re Accreditation Cycles (GC20000608—102)
7.3 Acknowledgement from Ministry of Education re Reimbursement of Costs Incurred for Professional Development and Training for Appointed Council Members (GC20000608—103)
7.4 Letter from Minister of Education re Special Education (GC20000608—109)
7.5 Letter from Wayne Cornack re Resignation from Accreditation and Discipline Committee (GC20000608—110)
7.6 Acknowledgement from Ministry of Education re Accreditation Regulation (GC20000608—111)
7.7 Changes to the Child and Family Services Act (GC20000608—112)
7.8 Response from Dalton McGuinty, Leader of the Opposition, re Teacher Testing Report (GC20000608—116)
The meeting recessed at 5:05 p.m.
SESSION II
Date: June 9, 2000
Present: Samy Appadurai, Liz Barkley, Jackie Breithaupt, Doug Carter, Douglas Brown, Bill Bryce, Sterling Campbell, Larry Capstick, Ernie Checkeris, Wayne Cornack, Janet Cornwall, John Cruickshank (Vice-chair), Patrick Daly (from 9:25 a.m.), Margaret Dempsey, Solette N. Gelberg, Jean Hanson, Donna Marie Kennedy (Chair), Martin Kings, Diane Leblovic, Elayne McDermid, George Merrett, Karen Mitchell, Larry Mongeon, Harry Mulvale, Ron Rambarran, Cecilia Reynolds, David Somer, Frances Thorne, Clarice West-Hobbs, Margaret Wilson (Registrar)
Speaker: Lise St. Eloi
Guests: L. Thomas Forbes (McCarthy Tétrault)
Staff: Carmen Aranas, Joe Atkinson, Margaret Aubé, Genny Humby, Marie-France Lefort, Linda Grant, Richard Lewko, Charlie Morrison, Patrick O’Neill, Lynda Palazzi, Josie Peretti
Regrets: Paul Charron, Marilyn Laframboise
The meeting resumed at 9:04 a.m.
8. Committee Reports (continued)
8.1 Executive/Chair’s Report (GC20000608—81, GC20000608—84)
The reports of the Executive Committee/Chair’s Report were received. Donna Marie Kennedy spoke to the reports and answered questions.
8.1.1 Labour Mobility Chapter of the Agreement on Internal Trade/Teaching Profession
The Chair, Donna Marie Kennedy, called on the Registrar Margaret Wilson to speak to this part of the report. The Registrar provided details about the changes to the document previously approved in principle by Council in September 1998 and the Council of Ministers of Education, Canada revised document.
It was moved and seconded by Steering and
CARRIED,
1. That the Agreement in Principle — Labour Mobility Chapter of the Agreement on Internal Trade/Teaching Profession be approved.
2. That the Registrar provide a report to the October 12-13 Council meeting on the implementation of the Agreement in Principle — Labour Mobility Chapter of the Agreement on Internal Trade/Teaching Profession.
8.1.2 Language Proficiency Requirement
The Executive Committee had considered this matter at a special meeting held earlier that day. A motion prepared for debate by Council was contained in the Committee’s Supplementary Report (GC20000608-81).
It was agreed by a 2/3 vote to consider the motion.
It was moved by Donna Marie Kennedy, seconded by John Cruickshank and
CARRIED UNANIMOUSLY,
Whereas teachers must be highly proficient in one of Ontario’s two languages of instruction, the College believes that the revisions to Regulation 184 proposed in the Minister’s letter of June 6, 2000 will seriously weaken the requirements for language proficiency for Ontario teachers;
That the Minister be urged to reconsider her request to Council and amend by substitution Regulation 194/97 as proposed by the Ontario College of Teachers as follows:
14(1) Where an applicant for an interim certificate of qualification,
(a) has complied with the requirements of section 12;
(b) has successfully completed outside Canada a teacher education program acceptable to the College; and
(c) holds the academic or technological qualifications required for a certificate of qualification
the Registrar may issue to the applicant an interim certificate of qualification in the form provided for in the by-laws.
14(2) (a) If an applicant referred to in subsection 14(1) has not completed both his or her academic or technological qualification program and teacher education program in either English or French the applicant shall, in addition to the requirements set out in subsection 14(1) be required to take a language proficiency test acceptable to the Registrar which includes oral, aural, written and comprehension components and achieve a score on that test satisfactory to the Registrar.
(b) Where the applicant provides documentary evidence of the successful completion of elementary, secondary or post-secondary education in English or French, as the case may be, the Registrar may exempt the candidate from this requirement.
8.2 Nomination (GC20000608—99, GC20000608—100)
The report of the Nomination Committee and the Executive Committee review were received. The Chair of the Committee, Doug Carter, spoke to the report and answered questions.
It was moved by Doug Carter and
CARRIED,
-
That Elayne McDermid be appointed to fill the vacant appointed position on the Accreditation Committee.
-
That Margaret Dempsey be appointed to fill the vacant elected position on the Accreditation Committee.
-
That Samy Appadurai and Martin Kings be appointed to fill the two appointed positions on the Standards of Practice and Education Committee.
-
That the following be appointed to serve on the Finance Committee for a one-year term renewable: Paul Charron, John Cruickshank, Patrick Daly, Solette N. Gelberg, Ron Rambarran
-
That the following be appointed to serve on the Accreditation Committee for a one-year term renewable: Larry Capstick, Margaret Dempsey, Donna Marie Kennedy, Elayne McDermid, Larry Mongeon, Ron Rambarran, Cecilia Reynolds, David Somer, Frances Thorne.
-
That the following be appointed to serve on the Standards of Practice and Education Committee for a one-year term renewable: Samy Appadurai, Liz Barkley, Ernie Checkeris, Margaret Dempsey, Jean Hanson, Martin Kings, Diane Leblovic, Harry Mulvale, Clarice West-Hobbs.
Donna Marie Kennedy left the meeting at 11:30 a.m. and Vice-chair, John Cruickshank assumed the Chair.
A short break was held to enable Standing Committees to meet to consider appointment of Chairs.
8.2.1 Appointment of Committee Chairs
It was moved by Doug Carter, and
CARRIED,
1. That Solette N. Gelberg be appointed Chair of the Finance Committee
2. That Larry Capstick be appointed Chair of the Accreditation Committee
3. That Clarice West-Hobbs be appointed Chair of the Standards of Practice and Education Committee.
9. New Business
9.1 Approval of 2001 Budget (GC2000608—104)
Notice had been given at the previous regular meeting of Council of the following motion.
It was moved by Harry Mulvale, seconded by Clarice West Hobbs, but
LOST,
That the approval of the Ontario College of Teachers’ budget for the year 2001 be scheduled for the first meeting of the Council after the completion of the year 2000 election of Council.
9.2 Annual Fee Collection Process (GC2000608-105)
Notice had been given at the previous regular meeting of Council of the following motion, “That the procedure for suspension of membership for failure to pay the annual membership fee be revised as follows:
a) the members from whom payment has not been received by the due date indicated on the first notice of payment due will be sent a notice in writing to inform that:
i) payment has not been received by the due date;
ii) payment of membership fee plus late payment fee by an identified due date will continue the membership;
iii) membership will be suspended if payment is not received by the identified due date.
b) the member from whom payment has not been received by the due date identified above will be sent a notice in writing to inform that:
i) the person’s membership has been suspended;
ii) the failure to pay the annual fee impacts on the person’s rights to employment and participation in the Ontario Teachers’ Pension Plan;
iii) specific requirements exist for reinstatement of membership.
Prior to debate the mover of the motion, Harry Mulvale, requested that the motion be amended by the substitution of the words “revised” for the word “identified”. The Speaker accepted that the amendments provided clarification and did not change the intent of the motion.
It was moved by Harry Mulvale and seconded by Doug Carter “That the procedure for suspension of membership for failure to pay the annual membership fee be revised as follows:
a) the members from whom payment has not been received by the due date indicated on the first notice of payment due will be sent a notice in writing to inform that:
i) payment has not been received by the due date;
ii) payment of membership fee plus late payment fee by the revised due date will continue the membership;
iii) membership will be suspended if payment is not received by the revised due date.
b) the member from whom payment has not been received by the revised due date above will be sent a notice in writing to inform that:
i) the person’s membership has been suspended;
ii) the failure to pay the annual fee impacts on the person’s rights to employment and participation in the Ontario Teachers’ Pension Plan;
iii) specific requirements exist for reinstatement of membership.
It was moved by Ron Rambarran, seconded by Solette N. Gelberg, and
CARRIED,
That the Mulvale/Carter motion be referred to the Finance Committee for study and report to the Executive Committee and Council.
9.3 Appointment of Ad hoc Committee to review Workload and Compensation for Elected Council Members (GC20000608 — 106)
Notice had been given at the previous regular meeting of Council of the following motion “That an ad hoc committee be struck to review and make recommendations regarding work-load compensation for the time elected councillors spend on College matters. To include the following: workload, compensation, time commitment.”
Prior to debate, the mover of the motion, Liz Barkley, requested that the wording of the motion be amended by substitution to read; “That an ad hoc committee of three elected members (not returning to the second Council and including the current Chair) be struck to review and make recommendations regarding the issue of “time compensation” for the work elected councillors spend on College matters.
The propriety of the motion was questioned. The Speaker ruled the amendment in order as it provided clarification.
In response to a further question, the Registrar confirmed that authorized preparation time was permitted under Section 46(1) of the Ontario College of Teachers Act. Liz Barkley confirmed that the intention of the motion was to look at preparation time not remuneration.
The substituted motion was ruled in order.
It was moved by Liz Barkley, seconded by George Merrett “ That an ad hoc committee of three elected members (not returning to the second Council and including the current Chair) and two appointed members be struck to review and make recommendations regarding time compensation for the time elected councillors spend on College matters”.
It was moved by Wayne Cornack, seconded by Ron Rambarran, and
CARRIED,
That the motion be amended to read: “That an ad hoc committee of three elected members (not returning to the second Council and including the current Chair) and two appointed members be struck to review and make recommendations regarding the issue of “time compensation” for the work elected councillors spend on College matters.”
The question was called on the substituted main motion as amended. Support was received.
A vote was taken on the substituted main motion as amended, and it was
CARRIED,
That an ad hoc committee of three elected members (not returning to the Second Council and including the current Chair) and two appointed members be struck to review and make recommendations regarding time compensation for the time elected councillors spend on College matters”.
The Vice-chair invited those interested in serving on the Committee to advise him at the conclusion of the meeting.
10. Notices of Motion
The following Notices of Motion were received for consideration at the October 12-13 Council Meeting:
1. Amendment to the Bylaws - Section 30.02 (a). Moved by Steering
That Section 30.02 (a) of the Bylaws of the Ontario College of Teachers be amended by substitution of the following:
“30.02 The form approved by the Registrar for persons applying for a certificate of qualification and registration, shall, inter alia, require the applicant to provide:
(i) a Criminal Record Declaration which the applicant shall complete, sign and have witnessed.
(ii) an original Canadian criminal record check report not more than six months old at the date of receipt by the College.
(iii) other information related to either the Criminal Record Declaration or the Criminal Record Check Report that the Registrar may request in order to consider the application.”
2. Addition to the Bylaws - New Section 32.02. Moved by Clarice West Hobbs, Chair, Standards of Practice and Education Committee
That the Bylaws of the College be amended by the addition of Section 32.02 to read:
“The following are hereby prescribed as the Ethical Standards for the Teaching Profession:
Members of the Ontario College of Teachers in their position of trust and influence:
- maintain professional relationships with students
- recognize and respect the privileged nature of the relationship that teachers maintain with students
- demonstrate impartial and consistent respect for all students as individuals with distinctive and on-going learning needs and capacities
- respect confidential information about students unless disclosure is required by law or personal safety is at risk
- model respect for human dignity, spiritual values, cultural values, freedom, social justice, democracy and the environment
- work with members of the College and others to create a professional environment that supports the social, physical, intellectual, spiritual, cultural, moral and emotional development of students
- base relationships with parents or guardians in their role as partners in the education of students, on respect, trust, and communication
- co-operate with professionals from other agencies in the interest of students and as required by law
- act with integrity, honesty, fairness and dignity
- respect the confidential nature of information about members of the College obtained in the course of professional practice unless disclosure is required by law or personal safety is at risk
- comply with the Acts and regulations
- advise the appropriate people in a professional manner when policies or practices exist that should be reviewed or revised.”
11. Next Meetings
October 12-13, 2000. Final meeting of the current Council
November 2-3, 2000. First meeting of the next Council
12. Adjournment
The meeting adjourned at 12.37 p.m.
Signed: Donna Marie Kennedy, Chair
Dated
