Minutes of Council Meetings

Minutes of a Special Meeting of the Council of the Ontario College of Teachers, held on August 13, 2001 in the Council Chambers, 6th Floor, 121 Bloor Street East, Toronto.

Table of Contents

1. Call to Order

2. Agenda

3. Business

4. Registrar’s Update

5. Notice of Motion — Roster of Panellists

6. Adjournment

Present: Bernard J. Adam, Samy Appadurai, Guill Archambault,

Jackie Breithaupt, Doug Brown, Sterling Campbell, Larry M. Capstick (Chair), Ernie Checkeris, Janet Cornwall, Karl Dean, Margaret Dempsey, Solette N. Gelberg, Audrey Hadfield, Nancy Hutcheson (until 2:15 p.m.), Martin Kings, Marilyn Laframboise (Vice-Chair), Diane Leblovic, Mark Lefebvre, Dick Malowney, Elayne McDermid, Karen Mitchell, Larry Mongeon, Harry Mulvale, Iain Munro, Rich Prophet, Frances Thorne, J.W. (Joe) Atkinson (Registrar)

Teleconference: Patrick Daly

Presiding Officer: George Merrett

Guests: Tom Forbes (McCarthy Tétrault)

Staff: Peter Alexander, Margaret Aubé, Linda Grant, Myrtle Herzenberg, Richard Lewko, Charlie Morrison, Patrick O'Neill, Lynda Palazzi, Susan Pelky, Josie Peretti, Katherin Platt

Regrets: Douglas Carter, Jerry DeQuetteville, Elizabeth Papadopoulos, David Somer

1. Call to Order

The Presiding Officer, George Merrett, called the meeting to order at 1:00 p.m. and welcomed all present. The Registrar, J.W. (Joe) Atkinson, introduced Katherin Platt, Policy Analyst to Council. Council was reminded that Steering comprised of Marilyn Laframboise and Solette N. Gelberg.

2. Agenda (GC20010813- 119)

It was moved by Steering, and

CARRIED,

That the Agenda for the August 13, 2001 Special Meeting of the Council of the Ontario College of Teachers be approved.

3. Business

3.1 Professional Learning Implementation Requirements (GC20010813-120, 121, 122, 123)

The Registrar and Deputy Registrar spoke to the Professional Learning Implementation Plan and answered questions.

It was moved by Steering, and

CARRIED,

That Council direct the Registrar to forward the Professional Learning Program Business Plan (GC20010813-122) to the Minister of Education for funding consideration.

It was moved by Steering, "That Council authorize the Registrar to hire staff, and acquire other goods and services above the authority in the 2001 approved budget in order to begin the planning, design and implementation of the 2001 requirements enacted in Bill 80, subject to the limitation that: pending the Minister's formal response to the business plan (GC20010813-122), no other amount may be spent without a commitment from the Minister that the amount will be reimbursed."

It was moved by Marilyn Laframboise, seconded by Solette N. Gelberg, and

CARRIED,

That the question be put.

A vote was taken on the main motion, and

CARRIED,

That Council authorize the Registrar to hire staff, and acquire other goods and services above the authority in the 2001 approved budget in order to begin the planning, design and implementation of the 2001 requirements enacted in Bill 80, subject to the limitation that:

pending the Minister's formal response to the business plan (GC20010813-122), no other amount may be spent without a commitment from the Minister that the amount will be reimbursed.

3.2 Human Resources Committee Report (GC20010813-124, 125)

The report of the Human Resources Committee was received. The Chair, Marilyn Laframboise spoke to the report.

3.3 Nomination Committee Report (GC20010813-126, 127)

It was moved by Steering, and

CARRIED,

That Council appoint Bernard J. Adam and Jerry DeQuetteville as the two elected Council members to the Professional Learning Committee.

It was moved by Steering, and

CARRIED,

That Council appoint Patrick Daly and Elayne McDermid as the two appointed Council members to the Professional Learning Committee.

It was moved by Dick Malowney, Chair, Nominations Committee, "That Council approve the following process for advising the membership and appointing members at large to the Professional Learning Committee:

1. That a notice inviting applications for the two positions designated as College members at large on the Professional Learning Committee be included in the September 2001 issue of Professionally Speaking/Pour parler profession and be posted on the College’s web site.
2. That the Nomination Committee receive applications from College members interested in serving on the Professional Learning Committee by September 30, 2001.
3. That the following criteria to be used by the Nomination Committee in assessing applications for the Professional Learning Committee:
   • membership in good standing with the Ontario College of Teachers
   • residency in Ontario
   • geographical balance
   • teaching qualifications
   • current and past employment in education
   • current or past employment in a French-language education system considered an asset
   • related experience
   • commitment to the continuing professional growth of teachers’ professionalism and dedicated to promoting and ensuring best practices
   • in 200 words or less, reasons for wanting to serve
4. That the Nomination Committee provide recommendations to Council at its November 8-9, 2001 meeting."

It was moved by Steering, and

CARRIED,

That Council approve that in Recommendation 3, point 5, the word "and" be replaced by "or" so that the point would read, "current or past employment in education".

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

CARRIED,

That Council approve the following process for advising the membership and appointing members at large to the Professional Learning Committee:

1. That a notice inviting applications for the two positions designated as College members at large on the Professional Learning Committee be included in the September 2001 issue of Professionally Speaking/Pour parler profession and be posted on the College’s web site.
2. That the Nomination Committee receive applications from College members interested in serving on the Professional Learning Committee by September 30, 2001.
3. That the following criteria to be used by the Nomination Committee in assessing applications for the Professional Learning Committee:
   • membership in good standing with the Ontario College of Teachers
   • residency in Ontario
   • geographical balance
   • teaching qualifications
   • current or past employment in education
   • current or past employment in a French-language education system considered an asset
   • related experience
   • commitment to the continuing professional growth of teachers’ professionalism and dedicated to promoting and ensuring best practices
   • in 200 words or less, reasons for wanting to serve
4. That the Nomination Committee provide recommendations to Council at its November 8-9, 2001 meeting.

3.4 Bylaw Changes — Fees (GC20010813-128)

It was moved by Steering, and

CARRIED,

That Section 22.01 of the Bylaws of the Ontario College of Teachers be amended by substitution so that the section would read:

"22.01 A person who submits an application for a certificate of registration shall pay, for the consideration by the Registrar of the application under section 18 of the Act, an application fee of $74.77."

This amendment shall not go into effect until the 2002 application year.

It was moved by Steering, and

CARRIED,

That Section 22.02 of the Bylaws of the Ontario College of Teachers be amended by the deletion of the words “obtained in Canada but” so that the section would read:

"22.02 Where consideration of an application for registration involves an evaluation of the applicant’s qualifications obtained outside Ontario, the applicant shall pay an evaluation fee of $210.28 in addition to the application fee."

That Section 22.03 of the Bylaws of the Ontario College of Teachers is deleted.

These amendments shall not go into effect until the 2002 application year.

It was moved by Steering, and

CARRIED,

That Section 23.02 of the Bylaws be amended by substitution so that the section would read:

"23.02 A person whose certification of registration was suspended shall pay, for the removal of the suspension, a reinstatement fee of $74.77."

This amendment shall not go into effect until the 2002 membership year.

3.5 Roster of Panellists — Proposed Regulation and Bylaw Amendments (GC20010813-129, 130)

It was moved by Steering, and

CARRIED,

That Council approve amendments to Regulation 72/97 under the Ontario College of Teachers Act as follows:

1. Section 21 of the Ontario Regulation 72/97 is revoked and the following substituted:

INVESTIGATION COMMITTEE

“21. (1) Subject to subsection 17(2) of the Ontario College of Teachers Act, a complaint to be considered and investigated by the Investigation Committee under section 26 of the Act shall be considered and investigated by a panel of the committee selected for the purpose by the chair of the Committee from among its members or from a roster of eligible panellists as prescribed in the bylaws.

(2) The chair of the Committee shall appoint one of the members of the panel as its chair.

(3) The chair of the panel shall be a member of the Committee.

(4) A panel may exercise all the powers and carry out all the duties of the Committee, with respect to the complaint before the panel.”

2. Section 22 of the Regulation is revoked and the following substituted:

DISCIPLINE COMMITTEE

“22. (1) Subject to subsection 17(2) of the Ontario College of Teachers Act, a hearing on matters directed to the Discipline Committee under section 26, 29 or 33 of the Act shall be conducted by a panel of the Committee selected for the purpose by the chair of the Committee from among its members or from a roster of eligible panellists as prescribed in the bylaws.

(2) The chair of the Committee shall appoint one of the members of the panel as its chair.

(3) The chair of the panel shall be a member of the Committee.

(4) A panel may exercise all the powers and carry out all the duties of the Committee, with respect to the matter before the panel.

(5) If the term of office of a member of a panel who has participated in a hearing expires at any time before the hearing has been completed or before a decision is given, the term shall be deemed to continue for the purpose of participating in the decision.”

3. Section 24 of the Regulation is revoked and the following substituted:

REGISTRATION APPEALS COMMITTEE

“24. (1) Subject to subsection 17(2) of the Ontario College of Teachers Act, a request for review under section 21 of the Act or an application for variation under section 22 of the Act shall be decided by a panel of the Registration Appeals Committee selected for the purpose by the chair of the Committee from among its members or from a roster of eligible panellists as prescribed in the bylaws.

(2) The chair of the Committee shall appoint one of the members of the panel as its chair.

(3) The chair of the panel shall be a member of the Committee.

(4) A panel may exercise all the powers and carry out all the duties of the Committee, with respect to the matter before the panel.

(5) If the term of office of a member of a panel who has

participated in a proceeding expires at any time before the proceeding has been completed or before a decision is given, the term shall be deemed to continue for the purpose of participating in the decision.”

4. Section 25 of the Regulation is revoked and the following substituted:

FITNESS TO PRACTISE COMMITTEE

“25. (1) Subject to subsection 17(2) of the Ontario College of Teachers Act, a hearing on matters directed or referred to the Fitness to Practise Committee under section 26, 29 or 33 of the Act shall be conducted by a panel of the Committee selected for the purpose by the chair of the Committee from among its members or from a roster of eligible panellists as prescribed in the bylaws.

(2) The chair of the Committee shall appoint one of the members of the panel as its chair.

(3) The chair of the panel shall be a member of the Committee.

(4) A panel may exercise all the powers and carry out all the duties of the Committee, with respect to the matter before the panel.

(5) If the term of office of a member of a panel who has participated in a hearing expires at any time before the hearing has been completed or before a decision is given, the term shall be deemed to continue for the purpose of participating in the decision.”

3.6 Labour Mobility — Amendments to Regulation 184/97, Teacher Qualifications (GC20010813-131, 132 )

It was moved by Steering, and

CARRIED,

That Council approve the changes to Regulation 184/97, Teachers Qualifications, to enable the implementation of the Labour Mobility Agreement and teacher mobility (GC20010813-131C).

4. Registrar’s Update

4.1 Accreditation Committee Report, October 27, 2000 re: Lakehead University - Update

The Registrar, J.W. (Joe) Atkinson, indicated that a report would be available for presentation to the Accreditation Committee on August 24, 2001.

It was agreed to send "It's All About Improvement: The Report of the Task Force on Effective Schools June 2001" recommendations to all council members.

It was agreed that staff would review Notice of Bylaw changes at Special Council Meetings and report back to Council at the November 8-9, 2001 Council Meeting.

5. Notice of Motion — Roster of Panellists (GC20010813-129)

The following Notice of Motion was read into the minutes:

Moved by Steering:

That Council approve amendments to the Bylaws of the College as follows:

The Bylaws of the Ontario College of Teachers are amended by adding the following section:

“Section 33 — Roster of Panellists

33.01 Members of a roster of panellists described in Section 17 (3) of the Ontario College of Teachers Act shall be either current or former members of Council, or a person appointed under Section 17 (4) of the Ontario College of Teachers Act.

33.02 The Registrar shall develop procedures for maintaining a list of members of the roster.

33.03 The Registrar shall provide appropriate training and orientation for members of the roster before such members perform duties or exercise powers under the Ontario College of Teachers Act.

33.04 A member of the Investigation Committee may not serve on a panel of the Discipline Committee or a panel of the Fitness to Practise Committee.

33.05 Members of the roster shall, in the performance of their duties, comply with the provisions of the Ontario College of Teachers Act, the regulations made under the Act and the bylaws of the College.

33.06 The Council shall disqualify a member of the roster from sitting on panels if the member:

(a) is found by the Discipline Committee to be guilty of professional misconduct or to be incompetent

(b) is found by the Fitness to Practise Committee to be incapacitated

(c) fails, without cause, to attend a hearing of a panel of a committee for which he or she has been selected.

33.07 A member of the roster who is the subject of a proceeding before the Discipline Committee or the Fitness to Practise Committee as a result of a referral under section 26 or 29 of the Act is suspended from the roster and any panel pending the outcome of the proceeding.”

6. Adjournment

The meeting adjourned at 4:45 p.m.