2023 AGM Resolutions - Individual Members

Presented to the PIPSC 104^th Annual General Meeting

F-11 - Inclusive Accommodation of Members with Disabilities during AGMs (E)

WHEREAS Professional Institute of the Public Service of Canada (PIPSC) recognizes the importance of promoting inclusivity, accessibility, and diversity within the organization, and

WHEREAS the rights and needs of members with disabilities must be respected and accommodated to ensure their full and equal participation in all aspects of PIPSC in ALL meetings including Annual

General Meetings (AGMs), and

WHEREAS the United Nations Convention on the Rights of Persons with Disabilities emphasizes the need to provide reasonable accommodations to enable persons with disabilities to effectively and

actively participate in decision-making processes, and 

WHEREAS PIPSC has legal obligations under applicable disability rights laws and regulations to ensure accessibility and reasonable accommodations for members with disabilities.

BE IT RESOLVED THAT PIPSC hereby adopts the following measures to ensure that members with disabilities are accommodated during AGMs:

1. Accessibility Audit: PIPSC shall conduct a comprehensive accessibility audit of the AGM venue to identify potential barriers faced by members with disabilities. The audit shall include physical accessibility, communication methods, and any other relevant aspects.
2. Reasonable Accommodations: PIPSC commits to providing reasonable accommodation to members with disabilities during AGMs to facilitate their effective participation. Such accommodations may include but are not limited to sign language interpreters, assistive listening devices, accessible seating, materials in alternative formats, and any other necessary aids. Including wheelchair friendly elevators. 
3. Communication Access: PIPSC shall ensure that all communication during AGMs is accessible to members with hearing, visual, or other communication-related disabilities. This may involve providing live captioning or sign language interpretation, as well as using accessible presentation formats.
4. Advance Notice: PIPSC shall request members to indicate their accommodation needs during AGM registration or in advance. Members are encouraged to provide specific details of the accommodation required to allow ample time for proper arrangements.
5. Training and Awareness: PIPSC will offer training sessions to AGM organizers, volunteers, and staff to enhance their understanding of disability etiquette, appropriate language, and how to provide effective support to members with disabilities.
6. Review and Evaluation: PIPSC will conduct a post-AGM review to assess the effectiveness of the accommodation provided and identify any areas for improvement. Feedback from the members of the Disabilities Caucus and HRDC members will be actively sought and considered for future meeting and AGM planning.
7. Public Declaration: PIPSC will publish its commitment to inclusive accommodation on its website and in AGM-related communications to raise awareness and foster a culture of accessibility and inclusion within the organization.

BE IT FURTHER RESOLVED THAT the PIPSC Board of Directors and management shall be responsible for implementing and monitoring the successful execution of the measures outlined in this resolution.

Legal comment - Recommends that the Chair rule this Out Of Order. 

PIPSC, as a non-profit organization under the CNCA, is legally mandated to provide reasonable accommodations as required by human rights laws and to adhere to federal and provincial human rights legislation. 

PIPSC has some discretion under the law when it comes to accommodating disabilities because the specific approach and measures it takes can vary based on individual circumstances and the nature of the organization.

Organizations have the discretion to determine the most appropriate and feasible accommodation measures within the bounds of what is considered "reasonable." The specific accommodation measures will depend on the unique circumstances and can be discussed with the affected individuals to find the most suitable solutions.

RSC comment - The measures would impact all constituent body AGM’s.

Finance comment - Additional costs are anticipated but unable to quantify.

B-9 - HRDC Committee Bylaw Change (E) 

BE IT RESOLVED THAT the PIPSC Bylaws be updated as follows:

17.7.2 Mandate The Committee on Human Rights and Diversity shall advise and make recommendations to the Board on human rights and diversity matters affecting the membership. To achieve its mandate, it will:

AGM 2016

a. Monitor issues in the broad field of human rights and diversity, including but not limited to issues such as gender, race, ethnicity, class, mental health and ageism;

AGM 2016

b. Advocate, via sub-committees, for groups of people subject to discrimination and harassment, including but not limited to women, Aboriginal peoples, visible minorities, the disabled and LGBTQ2S+;

AGM 2016

c. Coordinate and distribute information and recent developments in the field of human rights and diversity;

17.7.3 NEW The Human Rights and Diversity Committee (HRDC) members shall serve a three-year term of office.

RSC - No Comment

B-10 - Term Limits for FULL TIME Board of Directors and Groups Executives (E)

WHEREAS the full time Board of Directors and group executive plays a crucial role in the governance

and decision-making of PIPSC; and

WHEREAS it is essential to ensure the Full time Board and Group Executive remains dynamic, diverse,

and responsive to the evolving needs and challenges facing Professional Institute of the Public Service of Canada; and

WHEREAS instituting term limits for Full Time Board members and Group Executives can promote fresh perspectives, foster leadership development, and enhance accountability within the Board; and

WHEREAS best governance practices often recommend implementing term limits for Board members

as a means to prevent stagnation and promote the infusion of new talent and ideas; and

WHEREAS the current absence of term limits for Board members has the potential to hinder the

achievement of these objectives;

THEREFORE BE IT RESOLVED that the Full Time Board of Directors and Group Executives of PIPSC hereby approves the adoption of term limits for its Board members effective immediately;

BE IT FURTHER RESOLVED that the term limits shall be as follows:

• Each Full Time Board member and Group Executive shall serve a maximum of two (2) consecutive terms;
• Following the completion of two consecutive terms of service, a full time board member may be eligible for reappointment to the Board after a break in service of at least one (1) term;
• Current Board members who have already served beyond the specified term limits shall be eligible to complete their current term but shall not be eligible for reappointment beyond that term; and

BE IT FURTHER RESOLVED that the Board of Directors and Group Executives shall establish a transition plan to implement these term limits, including a schedule for the phased introduction of these limits to ensure continuity and an orderly transition;

BE IT FURTHER RESOLVED that the Advisory Committee shall be responsible for overseeing the implementation of term limits and shall be tasked with developing and maintaining a transparent process for Full Time Board members’ appointments and reappointments in compliance with these limits;

BE IT FURTHER RESOLVED that this resolution shall be communicated to all of the membership and incorporated into the Bylaws of the Professional Institute of the Public Service of Canada as soon as practicable;

BE IT FURTHER RESOLVED that this resolution shall be reviewed periodically to assess its effectiveness and may be amended or repealed by a majority vote of the AGM;

BE IT FINALLY RESOLVED that this resolution shall take effect immediately upon its passage.

RSC Comment - Recommend that the Chair rule this resolution  out of order. It is trying to limit your fundamental rights. There is no definition of “Full Time Board members.”

The terms “Full Time Board members” are not defined in the Institute’s By-Laws and Regulations. The Resolution does not define those terms either. As such, the Resolution is incomprehensible.

The resolution is also inconsistent with Institute By-laws (ex. 7.1 and 22.2) and Policies (ex. Policy on President and Vice-Presidents Terms and Conditions where it is referred to Part-Time Vice-President). The Resolution does not propose any additions/amendments/repeals to any By-Laws to include term limits without breaching the existing By-Laws.

P-12 - Election Transparency Improvement (E)

Whereas some PIPSC constituent bodies do not divulge the results of their Executive elections, beyond naming those who were successfully elected;

Whereas PIPSC holds democracy and transparency as ideals to be strived towards;

Whereas an ever-increasing number of elections held within PIPSC are done so electronically;

Whereas it is increasingly easy to tabulate election results, such as how many ballots were cast in total, how many votes each candidate received, etc.;

Whereas some constituent bodies have decided that they won’t give out full election results because it may be embarrassing for the candidates who did not win, and it might discourage members from putting their names forward as candidates in the future;

Whereas this arguably paternalistic action can have the opposite effect when the same Executive members get elected repeatedly, year after year, and other candidates are left to wonder how relatively well they did in the election and how many more votes they needed to win a position;

Whereas some select PIPSC members somehow find out the approximate and relative vote totals of all or some of the candidates over time – but at least some of the candidates themselves can be left in the dark;

Whereas informal distribution of election results unnecessarily opens the door to doubt and mistrust in PIPSC elections;

Whereas the suggested remedy recommended by at least one constituent body is for a member to attempt to pass a motion to change the practice of announcing winners only, at that respective constituent body’s AGM the following year;

Whereas it will simplify and increase consistency and fairness across the Institute if the PIPSC AGM passes a motion requiring a policy change that all constituent bodies divulge their full election results (total ballots cast, the vote tally of each candidate) to all those present immediately after the election outcome is known;

Therefore, be it resolved that under the “PIPSC Policy on Structure and Function of Constituent Bodies”, Appendex A “Guidelines on Constituent Body Elections”, Point 3 “Procedures”, the sixth bullet be changed,

- From -

“The Elections Committee shall be responsible for the tabulation of all ballots (including verification) and will release results per the wishes of the relevant Constituent Body.”

- To -

“The Elections Committee shall be responsible for the tabulation of all ballots (including verification), and will announce, to all those present in the meeting, the number of ballots cast and the number of votes each candidate received.”

RSC - No Comment

P-13 - Removal of Election Misconduct Offender from the Process (E) 

WHEREAS, Fair elections are fundamental to the integrity of our democratic processes, and maintaining the trust and credibility of such elections is paramount; and

WHEREAS, election misconduct can undermine the democratic principles upon which our organization is founded, erode confidence in the election process, and impede the legitimate expression of the will of the electorate; and

WHEREAS, it is essential to protect the fairness, transparency, and legitimacy of our elections and to deter individuals from engaging in fraudulent or unethical conduct during elections;

THEREFORE BE IT RESOLVED that the Professional Institute of the Public Service of Canada (PIPSC) hereby establishes a clear and unequivocal policy that any individual found guilty of election misconduct during any National, Committee or Group election process shall be immediately removed from the election process and shall be subject to appropriate disciplinary action in accordance with the Election Committee by laws.

FURTHER RESOLVED, that election misconduct is defined as any deliberate attempt to undermine the integrity of the election process, including but not limited to:

1. Tampering with ballots or voting systems.

2. Voter intimidation or coercion.

3. Impersonation or misrepresentation of identity.

4. Spreading false information or engaging in disinformation campaigns related to the election.

5. Any other action deemed by the Election Committee or relevant authority to constitute election misconduct.

BE IT FURTHER RESOLVED that the Election Committee or any designated authority responsible for overseeing the election process shall establish transparent and fair procedures for investigating allegations of election misconduct, and individuals accused of such actions shall have the right to a fair and impartial review of their case;

BE IT FURTHER RESOLVED that the consequences for individuals found guilty of election fraud or misconduct may include, but are not limited to, disqualification from the current election, disqualification from future elections for a specified period, or expulsion from PIPSC membership, as deemed appropriate by the Election Committee or relevant authority;

BE IT FURTHER RESOLVED that this resolution shall be communicated to all members and participants in PIPSC elections and prominently featured in all election-related materials and communications;

BE IT FURTHER RESOLVED that this resolution shall be incorporated into the PIPSC bylaws and election procedures as an enforceable policy, and it shall take effect immediately upon its adoption;

BE IT FURTHER RESOLVED that this resolution shall be reviewed periodically to ensure its effectiveness in deterring election fraud or misconduct and may be amended as needed by a majority vote of the PIPSC AGM.

RSC - Recommending that the Chair rule this resolution Out of Order. It contravenes existing By-Laws.

As written, the Resolution is inconsistent with By-Laws 17.3.2. and 24.1.1 L) which respectively provides that the Election Committee only has the authority to adopt “administrative procedures” and not to impose discipline. The Resolution does not propose any amendments to resolve this inconsistency. Granting the power to the Election Committee to impose “discipline” as proposed in the Resolution (disqualification from future elections for a specified period of time) would also run contrary to By-Law 17.3 including 17.3.1.1 which purpose is to prevent members of the Election Committee from influencing the conduct of current and future elections. An independent body of Panel of Peers has, pursuant to the Policy on Conduct, the exclusive authority to impose discipline as they have no involvement in the elections.

Further, the Election Committee is responsible for the conduct of elections and can already adopt administrative procedures including removing a candidate from the election process as proposed by the Resolution.

Finally, Members of the Panel of Peers can already (following due process and principles of natural justice) impose any disciplinary measure outlined in the Resolution.

P-14 - Employee Medical Treatment Ethical Refusal Protection Policy (E)

Whereas, recent legal precedents have highlighted the critical importance of upholding individual Charter freedoms, as demonstrated by the Alberta Court's decision to strike down public health orders that violated these cherished rights (source: https://www.jccf.ca/alberta-court-strikes-down-public-health-orders-that-violated-charter-freedoms);

Whereas, Recent events within the Canadian Armed Forces (CAF) prompted a review of the CAF's COVID-19 vaccination policy, revealing concerns about nonconsensual medical experimentation that impacts fundamental freedoms. These concerns center around the right to liberty and security of the person, protected under Section 7 of the Canadian Charter of Rights and Freedoms. This review resulted in the conclusion that the grievors’ rights protected under section 7 were infringed and that the disputed provisions of the CAF vaccination policy are unconstitutional and therefore invalid. (source: https://www.canada.ca/en/military-grievances-external-review/services/covid19-vaccination-policy-analysis/annex-i-constitutionality.html) 

Whereas, the integrity of ethical medical practices is paramount, exemplified by the withdrawal of professional misconduct accusations against a nurse who courageously disclosed instances of vaccination injuries stemming from mass Covid-19 vaccination clinics, including cases necessitating multiple ambulance responses (source: https://www.jccf.ca/court_cases/withdrawn-professional-misconduct-accusations-withdrawn-against-nurse-who-shared-information-about-covid-19-vaccinations/); 

Whereas, serious medical conditions have been associated with the COVID-19 vaccines, including blood clotting disorders, cardiac emergencies, myocarditis, Guillain-Barré Syndrome, autoimmune disease, spontaneous miscarriages, neurological system disorders and much more; (VAERS reports and Public Health Agency of Canada ATIP request available upon request)

Whereas, it has been distressingly reported that at least one tragic suicide occurred due to a refusal for accommodation in the context of these mandates;

Whereas, the principle of informed consent is fundamental to ethical medical practice and respects the autonomy of patients.  Transparency and informed decision-making are essential to safeguard public health, underscoring concerns arising from the revelation that the CDC acknowledged their vaccine's limitations in preventing transmission, and Pfizer's omission of comprehensive testing regarding transmission cessation, leading to critical information being withheld from the public, including known adverse events. 

Therefore, Be it RESOLVED, THAT an Employee Medical Treatment and Ethical Refusal Protection Policy be promptly established within the framework of this union, aimed at robustly safeguarding the rights of unionized employees concerning medical treatments.

Be it further RESOLVED, THAT this Policy comprehensively safeguards the rights of unionized employees and vehemently prevents any form of discriminatory or punitive actions associated with the refusal of any medical treatments.

Be it also RESOLVED, THAT the primary and overarching objective of this Policy is to steadfastly prevent further harm inflicted by unethical mandates, ensuring the promotion of ethical medical practices and the preservation of individual autonomy.

AND Be it finally RESOLVED, THAT this resolution shall take immediate effect upon approval and shall be disseminated throughout the union, encompassing all members and stakeholders, as a clear commitment to the well-being and ethical principles of our workforce as defined by the union Mandate and Values.

Section I: Right to Refuse Medical Treatments 

Every unionized employee has the unequivocal right to refuse any form of medical treatment, including vaccines and other medical procedures, without exception. This right shall be upheld without fear of reprisal, discrimination, suspension, termination, or any negative impact on employment status.

The union shall advocate for and protect the individual's right to make decisions about medical treatments in accordance with their religious and ethical beliefs. The union shall stand firm against any attempts to coerce, pressure, or enforce medical treatments against an employee's will.

Section II: Preventing Embarrassment and Punitive Actions

 The union and the employer shall collaborate to establish mechanisms that ensure unionized employees are not subjected to uncomfortable or embarrassing situations due to their religious or ethical refusals of medical treatments. This may encompass maintaining confidentiality, providing alternative work arrangements, and facilitating open channels of communication.

 The union shall actively intervene and oppose any punitive measures directed at unionized employees who choose to refuse medical treatments. The union shall engage in every effort to avert penalties, sanctions, or any adverse consequences arising from such refusals.

Section III: Communication and Education

 The union and the employer shall jointly communicate and educate unionized employees about their unwavering rights to decline medical treatments, underscored by the safeguards provided under this Policy. This information shall be conveyed through accessible means and in both official languages.

 The union shall undertake educational initiatives aimed at raising awareness among its members and leadership about the significance of respecting colleagues' ethical refusals. The union shall strive to nurture an inclusive and empathetic work culture that reveres diverse beliefs and values.

Section IV: Union Support for Affected Employees

 In the event that an employee faces adverse consequences or retaliation due to their refusal of medical treatments, the union shall provide unwavering support and advocacy. The union commits to utilizing its resources, expertise, and collective bargaining power to ensure the affected employee's rights are upheld and their interests safeguarded.

 This resolution shall take immediate effect upon approval and shall be disseminated throughout the union, encompassing all members and stakeholders. The primary aim of this Policy is to solidify the protection of religious and ethical refusals of medical treatments within the unionized workforce, promoting a harmonious and equitable workplace.

RSC Comment - Recommends that the Chair rule this  Out Of Order. 

By-Laws specifies that Under the authority of the pertinent labour legislation, the primary functions of the Institute are collective negotiations, individual representational services and consultation with the employers of the members.  PIPSC cannot impose employee’s Policies.  

This would violate the Canada Labour Code.

https://laws-lois.justice.gc.ca/eng/acts/l-2/page-16.html#h-341360

https://pipsc.ca/about/our-purpose-mandate-values-and-strategy

The hierarchy of the governance documents is:

1. Articles of Continuance (including the Purposes)
2. By-Laws
3. Policies and Procedures

P-15 - Public Service Pension Plan (PSPP) Phase Out from Fossil Fuel Investments (E)

Whereas the oil and gas sector are among the worst-performing sectors on the global stock market (See Graph in Appendix below:  Institute for Energy Economics and Financial Analysis [August 2023]; and

Whereas emerging green technologies are progressively rendering certain carbon-intensive industries more and more obsolete and/or unprofitable; and

Whereas had the Public Service Pension Plan excluded oil and gas from its public equity portfolio ten years ago, the pension plan would have seen significantly higher returns (See Table in Appendix below); and 

Whereas the Public Service Pension Plan has a deficient climate strategy that is inconsistent with the Paris agreement goal of limiting global temperature increase to 1.5˚C and is working to undermine Canada’s domestic and international climate commitments; and

Whereas many large, benchmarked Canadian and international defined benefit pension funds have already integrated financially prudent fossil fuel exclusion policies with no statistically significant impact on the plan's performance; and

Whereas independent consultants have identified alternative investment opportunities which would minimize the financial impact of excluding fossil fuel companies; and

Whereas PIPSC is taking measures to reduce our environmental footprint (e.g. no longer using plastic water bottles). 

Be it resolved that PIPSC will send, before the end of 2023, an open letter to the Public Service Pension Investment Board calling on them to phase out all fossil fuel investments by 2026; and

Be it further resolved that the letter be accompanied by a media release requesting the Public Service Pension Investment Board develop credible science-based transition plans for all carbon-intensive assets, adopt a carbon emissions reduction target of 50 percent by 2030, and commit the pension portfolio to carbon neutrality by 2040, including an accompanying plan to ensure the financially prudent decarbonization of the portfolio that will be posted on the PIPSC website.

Appendix

Graphs showing that PSP has generated lower returns over ten years by staying invested in oil and gas, which is a chronic financial underperformer.

The chart above shows the results of a Capital IQ backtest of large Canadian pension funds, comparing the actual 10-year cumulative return of each funds’ public equity portfolio to the 10-year cumulative return had the funds divested from oil and gas ten years earlier. In every single case, including that of PSP, the pension funds would have generated significantly higher returns had they divested ten years earlier.

Source: Corporate Knights, Smart Prosperity Institute and Natural Step Canada. (November 2021). Canadian Pensions Dashboard for Responsible Investing. P.22  

The energy sector is a chronic financial underperformer. Oil and gas is among the worse performing sectors on the S&P 500. Looking back ten years before the invasion of Ukraine, the energy sector lagged the market generally. The industry led the market in only two of the ten years, while in 7 years the industry placed last or near last. 

Source: Institute for Energy Economics and Financial Analysis. (August 2023). Taking stock of the oil and gas sector as the transition to sustainable finance proceeds apace. 

RSC - No comment.