By-Laws and Policies Committee Meeting
November 27, 2021
Andaz Hotel
Present: N. McCune (Chair), M. Chow (BC/Yukon - virtually), A. Goddard (NCR), S. Fréchette (QC), J. Purdie (ON), C. Freeman (PRA/NWT), S.McConaghy, (ATL), J. Gagnon (Staff Resource)
- Approval of the Agenda
The agenda was approved as presented.
- Approval of the Minutes
The minutes of the November 29-30, 2019 BLPC meeting were approved as submitted.
- New Business (from April 6, 2020 meeting that did not occur – prioritized items)
3.1 Policy Amendments
There was agreement to remove references to “(Institute) regulations” in some of the Institute policies as regulations no longer exist.
Various policies also refer to the Training & Education Committee (TEC), which was changed to the Training, Education and Mentoring Committee (TEAM) by the 2020 AGM. There was also agreement to make those changes.
Discussion will be held with IT to remove all policies that are not currently in effect from the website. Action: J. Gagnon
3.2 Policy Changes from 2020 and 2021 AGMs
The following policy changes will be made and brought to the Board for approval:
P-5 (Family Care Policy) and P-7 (Significant PIPSC Expenditures on New Initiatives) (2020) Policy on Accessing PIPSC General Funds
P-2 (Accountability of the Board of Directors) (2021) - Policy on Board of Directors
The BLPC also requested that each policy be listed under their respective header on the website, for ease of reference and accessibility
The Model Constitutions are also to be posted on BLPC page and added as a reference to the Policy on Structure & Function of Constituent Bodies. The reference to “(Institute) regulations” will also be removed from the models. Action: J. Gagnon
3.3 Windsor Regional Hospital RT Group (Amended)
The amended constitution was ratified on October 18th, 2021 and mainly reflects the model constitution. It will be submitted to the Board for approval in December. Action: BOD / J. Gagnon
3.4 MAGE Group (Amended)
The amended constitution was ratified at the Group AGM held on October 30, 2021.
The proposed change to Article 5.4.2 goes against the Policy on Constituent Body Allocations (Article 10). This will be raised with the Group
The amended constitution will be submitted to the Board for approval in December, with the exception of Article 5.4.2. Action: BOD / J. Gagnon
3.5 SH Group (Amended)
The amended constitution was ratified at the Group AGM held on October 20, 2021.
The BLPC raised concern with the possible contradiction pertaining to the Articles 8.1.5.1 and 8.1.5.
8.1.5 Only Regular members of the SH Group may apply and be delegates to the Annual General Meeting. Only delegates shall be entitled to vote. Delegates shall be appointed as follows:
8.1.5.1 Group Executive: Each member of the Group Executive shall be a delegate.
Furthermore, as per Article 4.3, this would still result in the “retired executive members” not having any of the following rights:
4.3 Only Regular members shall be eligible to hold office, nominate members for positions on the Group Executive, propose amendments to the Constitution and By-Laws of the Group, and vote in Group affairs.
It was clarified that the selection of officers should be done after the MAL election (in the year when MALs are elected – every two years). As such, the Group sought the BLPC’s direction on how to fill a position of a member who is not the President, Vice President, Treasurer or Secretary leaves – as per the following amended Article:
6.8.2 If the position other than that of the President of the Vice President, Treasurer, or Secretary becomes vacant for any reason, the remaining members of the Group Executive may select an eligible member of the Group Executive to fill the vacancy until the end of the original term of office the next election of officers.
The Committee was of the view that unless the BLs were further amended, as worded, the vacant position would continue to be vacant until the next regular election.
The amended constitution will be submitted to the Board for approval in December.
Action: BOD / J. Gagnon
3.6 CP Gatineau Sub-Group (Amended)
The amended constitution was ratified at the Sub-Group AGM held on November 17, 2021. It will be submitted to the Board for approval in December. Action: BOD / J. Gagnon
3.7 CS Group (Amended)
The amended constitution was ratified at Group AGM held in June 2019. It will be submitted to the Board for approval in December. Action: BOD / J. Gagnon
3.8 CFIA VM Group (Amended)
The same concerns raised pertaining to the SH Group BLs, the proposed changes would result in the “retired executive members” not having any rights.
The BLPC also felt that their “quorum” should specify that it represents 50% of regular or voting member in attendance.
BL 9 will also need to be updated to refer to SCOPP.
These concerns will be raised with the Group for consideration moving forward.
The amended constitution was ratified at Group AGM held on November 26, 2021. It will be submitted to the Board for approval in December. Action: BOD / J. Gagnon
- Matters Arising
4.1 SH CSC Montréal Rive-Nord Sub-Group (Proposed)
The amended constitution reflects the model and was ratified at Sub-Group AGM held on November 11, 2019. It will be submitted to the Board for approval in December.
Action: BOD / J. Gagnon
4.2 AV South Vancouver Island Sub-Group (Proposed)
The model constitution was provided to the Sub-Group. The Sub-Group AGM will be held in January 2022. M. Chow will follow up with the SG Executive at that time. Action: M. Chow
4.3 SP Vancouver Sub-Group (Amended)
As their latest approved version posted on the website dates to 2009, a revision will be done to see what needs to be aligned with the model. Action: M. Chow
4.4 Ontario Simcoe-Grey Branch (Amended)
The Branch AGM will be held on April 12, 2022. Follow up will be done with the Branch at that time.
Action: J. Purdie
4.5 Senate Clerks Group (Amended)
There was no update to provide at this time on this matter.
4.6 Retired Members’ Guild (Amended)
The amended constitution was ratified at the Guild AGM held on November 5, 2019 and is now posted on the website.
4.7 Hamilton CRA Branch – CRA Branch Issues
Direction was provided to the Branch on how to proceed to move members between Branches. Feedback from the Branch is still pending.
4.8 House of Commons Group (Amended)
There was no update to provide at this time on this matter.
4.9 NRCan NCR Branch (Amended)
The amended constitution was ratified at the Branch AMG held on May 15, 2019 and was approved by the Board on July 21, 2019. No further action required.
4.10 CFIA S&A Québec Sub-Group (Proposed)
A Special General Meeting was held on February 20, 2020, at which time the proposed BLs were ratified. They were approved by the Board on June 23, 2021 and published on the website on June 29, 2021. No further action required.
4.11 CFIA S&A Group (Amended)
The Group AGM was held in June 2019, at which time the proposed BLs were ratified. They were approved by the Board on July 26, 2019 and published on the website on August 4, 2020. No further action required.
- New Business (from April 6, 2020 meeting that did not occur – cont’d)
5.1 AFS Québec Sub-Group (Amended)
The amended constitution was approved by the Board on March 1, 2019 and was published on the website on October 8, 2020. No further action required.
5.2 Edmonton Branch (Amended)
The amended BLs were ratified at the Branch AGM held on February 26, 2020. They will be brought to the Board for approval in December. Action: BOD / J. Gagnon
5.3 Constituent Body BLs – Reference to Institute Regulations
There was agreement that the staff resource would revise the constituent body constitutions to remove any reference to Institute regulations to be replaced by “policies”. Action: J. Gagnon
- New Business
6.1 SH DND Québec Sub-Group (Amended)
As this is a newly formed Sub-Group, no AGM has been held to date. The proposed constitution will be compared with the SG model and will be submitted for review at the next meeting.
Action: S. Fréchette
6.2 AFS 200 René-Lévesque West Sub-Group (Amended)
The amended constitution, based on the model, was ratified at the SG AGM held on February 27, 2019.
The BLPC will be making the following change to Article 6.3 (Term of Office):
6.3 Term of Office: The term of office shall be two (2) years. with the exception of the first election where the President, Secretary and members-at-large shall be elected for a two (2) year term and the Vice-President and Treasurer for a one (1) year term.
With that change, the amended constitution will be submitted to the Board for approval in December. Action: BOD / J. Gagnon
6.3 Toronto Centre Branch – Discussion
The BLPC engaged in a brief discussion on this Branch, which consists of a single occupational group and consists of the same Executive as the AFS Toronto Centre SG.
As all AFS SG Executive members are required to be Stewards, one of the AFS Toronto Centre Executive members (VP) was removed from the Executive however, the issue at hand is that the member in question was also removed from the Branch Executive, resulting in internal conflict.
In the BLPC’s view, it was not appropriate for the Branch to do so and went against their BLs. J. Purdie will be looking into the matter further in January 2022, as the newly elected Ontario Regional Director. The Branch will be advised that they need to comply with their BLs as the consequences could be a recommendation from the Ontario Regional Executive to the Institute’s Executive Committee, to dissolve the Branch. Action: J. Purdie
6.4 CS Southern Manitoba Sub-Group (Proposed)
The proposed BLs mainly reflect the model. They were ratified by the SG AGM held on April 15, 2019 and were approved by the Board on July 26, 2019. No further action required.
6.5 AFS Saskatoon Sub-Group (Amended)
The SG was advised on the required changed to be done based on the AFS SG model. Follow up from the SG is still pending. Action: C. Freeman
6.6 AFS Regina Sub-Group (Proposed)
The SG held an AGM in both 2019 and 2020. Follow up with the SG will done in terms of ratification of their BLs. Action: C. Freeman
6.7 WPEG Group (Amended)
The status of the Group’s amended constitution is unclear. Follow up will be done and the Group model constitution will be provided. Action: C. Freeman
6.8 2019 AGM Resolution – BL 7 (Rights of Members)
7.1 Regular and Retired Members Only Regular and Retired members who are not contractors for the employer have the right to be candidates for office, to vote for officers, to otherwise participate in the affairs of the Institute, and, subject to By-Law 7.1.1, the affairs of the constituent bodies of the Institute. Only Regular and Retired members who are not contractors for the employer shall be eligible to attend General Meetings of the Institute. Only Regular members shall be eligible for appointment as Stewards.
7.1.x (New) Notwithstanding 7.1, any member who becomes a contractor for the employer will have their rights suspended until they are no longer a contractor for the employer. Any member holding an elected position at the time of becoming a contractor for the employer will be deemed to have resigned.
The motion was amended as follows:
7.1.x (New) Notwithstanding 7.1, any member who becomes a contractor for the employer will have their rights suspended until they are no longer a contractor for the employer any member holding an elected position at the time of becoming a contractor for the employer will be deemed to have resigned.
The BLPC remains of the view that members’ rights cannot be restricted, as per this proposed BL amendment. The input from PIPSC legal was sought and remains pending. The BLPC Chair will follow up. Action: N. McCune
6.9 CS Vancouver Sub-Group (Proposed)
This new SG is currently operating under the SG model constitution, with minor amendments made.
The BLPC raised concern with the proposed BLs omitting Article 6.7.3 of the model. As doing so would go against the CS Group BLs (parent body), it would have to remain in the SG’s constitution.
6.7.3 Any member who is absent from two (2) consecutive meetings of the Executive without valid reason shall be deemed to have resigned from the Executive.
This will be raised with the SG, in preparation for their first AGM. Action: M. Chow
- Adjournment and Next Meeting
The meeting adjourned at 5:30 p.m. The date of the next meeting will be determined once the 2022 BLPC has been established.