By Law and Policies Committee Meeting
Saturday, September 17, 2022
Charlottetown, PEI
Present Stéphanie Fréchette (Chair), Tony Goddard (NCR), Mike Chow (BC/Yukon), Scott McConaghy (ATL)
Regrets Luc Denis (QC) (vacation)
Fedora Kalenda-Mushiya (Staff Resource) (away)
Guests John Purdie, Ontario Regional Director
Samah Henein, PRA-NWT Regional Director, Observer
Manny Costain, Atlantic Regional Director, Observer
Tom Yantsis, Observer
Julie Gagnon (replacement for Staff Resource)
- Approval of the Minutes
The minutes of the May 7, 2022 meeting were approved.
The minutes of the May 30, 2022 meeting were approved as amended.
- Information on BLPC Processes
The following suggestion were made moving forward:
Items being forwarded to the Board should be noted accordingly in the minutes (not referred to as “Action: All”). Same for action items tasked to one BLPC rep specifically.
Create a tracking document for the BLPC to track each BLPC rep’s action and/or outstanding items (similar to the Board tracking document).
Some have already started working on their respective regional tracking tables. All those documents will be uploaded in the BLPC shared drive. It was suggested that the BLPC tracking document be used as a starting point to populate the regional documents.
There was agreement on the following:
BLPC regional reps are responsible for all constituent body BLs in their respective Regions as well as BLs of constituent bodies that are totally contained in one’s Region (SGs, Branch and regional Groups).
The BLPC Chair is responsible for all nationally based Groups.
Action items for the Ontario and PRA Regions will be shared with the respective Regional Directors, given those two current vacancies on the BLPC.
It was suggested that during the revision of their regional documents, each BLPC regional rep could, as a courtesy, contact their respective constituent bodies who have not yet held or scheduled an AGM this year to remind them to do so before the end of 2022, in order for them to receive their annual funding for next year. Action: All
There was also agreement that a central communication be sent by PIPSC as a reminder to all constituent bodies in terms of planning and/or holding their AGM this year. The BLPC Chair will follow-up with the interim Executive Secretary on this front. Action: S. Fréchette
- Matters Arising
3.1 CP South Vancouver Island Sub-Group (Proposed)
This item will be moved to parked items, pending further feedback from the Sub-Group.
Action: Fedora
3.2 SH DND Québec Sub-Group (Proposed)
This is a new Sub-Group with new BLs that are based on the Sub-Group model. Their AGM was held on May 4, 2022, at which time the proposed BLs were ratified. Once translated, the proposed BLs will be submitted to the Board for approval in October.
Action: S. Fréchette – Fedora - BOD
3.3 AFS Saskatoon Sub-Group (Amended)
The amended BLs were ratified at the Sub-Group AGM held in June 23, 2022.
Current Language
3.1 Every Regular member of the AFS Group working in the Saskatoon TSO shall be a member of the Sub-Group.
Proposed Amendment
3.1 Every Regular member of the AFS Group working in the Saskatoon worksite shall be a member of the Sub-Group.
Rationale: The Saskatoon TSO no longer exists.
There was concern raised with the lack of clarity around the reference to “worksite”, which would need to be more clearly defined in terms of work location vs reporting location vs responsibility centers, i.e., where one used to work and now works, etc. - an issue mainly arising as a result of the pandemic and telework.
It was clarified that as it stands now and as per the current policy, PIPSC uses the employer’s information (work location address) to determine which constituent bodies members belong to. This said, the PIPSC structure vs the employer’s structure will need to be figured out moving forward.
There was also concern raised with the reference to “officer” in article 7.4.1. It was clarified that this is in compliance with article 7.3.5 of the AFS Group BLs. This will be further discussed as part of the item pertaining the AFS Group BLs.
Albeit the concerns raised, there was agreement that the amended and ratified BLs be brought forward to the Board for approval in October, with the caveat that the notion of “worksite” will need to be clarified moving forward, given its impact on many other constituent bodies.
Action: S. Fréchette – Fedora – BOD
3.4 AFS Regina Sub-Group (Proposed)
There was no feedback received from the Sub-Group President and there is no notice of an AGM on their webpage. These BLs will be moved to parked items pending further follow-up by the BLPC regional rep. Action: Fedora – PRA Rep
3.5 WPEG Group
There was no feedback received from the Group Executive and there is no AGM notice posted on their webpage. It was pointed out that this Group has not had an AGM in a long time. This item will be moved to parked items pending further follow-up by the BLPC regional rep.
Action: Fedora – PRA Rep
The issue of non-compliance with Institute BLs in not holding an AGM will be discussed further with the interim Executive Secretary (as per BL 10.1.6) and as part of the overall PIPSC communication. The BLPC Chair will also contact the WPEG Group Negotiator to advise them of this Group’s non-compliance with respect to holding its AGM. Action: S. Fréchette
It was pointed out that some smaller Groups (or constituent bodies) are in place but only focus on having active Stewards in the workplace and taking part in bargaining. Some were of the view that these bodies could be deemed as being inactive in terms of holding AGMs, having duly elected executives and providing PIPSC with the required documentation in order to receive annual funding. This is a broader discussion that should be entertained by the Board in terms of having to comply with PIPSC BLs. This will also be raised with the interim Executive Secretary.
Action: S. Fréchette
3.6 2019 AGM Resolution – Amendment to BL 7 (Rights of Membership)
A written response was requested from the Office of the General Counsel but was never submitted. It was suggested that this be discussed with the NCR Regional Council (Executive) to determine if this is still an issue to pursue. Action: T. Goddard
3.7 CS Group and CS Sub-Groups – Change of Name to “IT”
The IT Group BLs have been approved by the Board and have been translated but have not yet been posted to the website. The BLPC Staff Resource is to follow-up on the status of posting.
Action: Fedora
The IT Sub-Groups’ amended BLs have also been approved by the Board and are currently being translated. Once that has been completed, they will be sent to the staff resource for posting. Action: T. Goddard - Fedora
3.8 Saguenay Lac-St-Jean et Côte-Nord Branch (Amended)
The model was provided to the Branch and was applied to their proposed BLs. Their AGM was held on May 10, 2022 and their amended BLs were ratified. The amended BLs will be submitted to the Board for approval in October. Action: S. Fréchette – Fedora - BOD
3.9 BLPC Terms of Reference
The proposed ToR were provided to the BLPC for information and review. It was pointed out that article 4 (Staff Support), will have to be revisited and amended in terms of the reference to “COO”, once the new structure has been finalized. The draft ToR will be submitted to the Board for approval in October. Action: S. Fréchette – Fedora - BOD
3.10 SH Group (Amended)
The proposed changes will be submitted to the October 15, 2022 Group AGM and will be applied to the July 2021 version of their BLs (approved by the Board), for ratification. If ratified, the amended BLs will be brought back to the BLPC for final review and recommended approval by the Board.
Action: S. Fréchette
3.11 AFS Group (Amended)
The Group AGM was held on June 17, 2022 and the proposed amendments were ratified. The amended BLs will be submitted to the Board for approval in October, once incorporated in the June 2022 version of the Group’s BLs (approved by the Board).
Action: S. Fréchette – Fedora - BOD
3.12 CFIA VM Group (Amended)
As discussed at the May 30, 2022 BLPC meeting, it was pointed out that the CFIA VM Group BL amendments were approved by the Board on December 10, 2021. The issue of concern pertaining to the proposed amendments would allow a retired member to sit on the executive with no voting rights at executive meetings or at a Group AGM.
It was suggested that the Group President work with the BLPC to come up with wording to fix this issue and bring forward any amendments at the Group’s next AGM.
In the meantime, the approved BLs will be translated and posted. Action: Fedora
3.13 NRC RO RCO Group (Proposed Amendments)
This item was deferred to the next meeting, pending input from the Group.
Action: T. Goddard – Fedora
3.14 Atlantic Region (Amended)
The amended BLs were approved by the Board in June 2022. Once translated, they will posted to the website. Action: Fedora
3.15 Voting Outside of an AGM (Information & Discussion)
It was clarified that this was a matter raised by the National Elections Committee.
It was noted that at the March 2022 Board meeting, there was discussion on the electronic voting system that is being implemented, having functionality for constituent bodies to have their elections run through that new system. There may be some testing smaller bodies before the next national election in 2024.
The Chair of the ITSP Committee is looking into timelines and for additional information to be provided to the Elections Committee (from a software and technical perspective).
The BLPC was of the view that there was no further action required as this was a matter for the Elections Committee and for PIPSC IT in terms of capacity (if still relevant).
3.16 Interpretation of BL 10.4.1.1 Alternates
PIPSC bylaw 10.4.1.1 concerning AC representative appointed alternates. The wording in question is “A Group or Consultation Team appointed representative may designate an alternate for the purpose of attending Advisory Council Meetings in the absence of the representative.”
The BLPC’s interpretation was provided to the Chair of the Advisory Council (AC) on May 30, 2022. The AC Chair disagreed with the said interpretation, hence the reason it was brought back to the BLPC.
The BLPC was of the view that by design, the BL does not impose nor imply that a specific timeline is being enforced. As such, there is no requirement for the AC representative to appoint any single person as an alternate for the duration of their term or for any specific period of time.
Therefore, the interpretation of the BLPC was that an AC representative could, if required, appoint different alternates for differing periods of time. For example; The AC representative could appoint one alternate for meeting #1 another alternate for meeting #2 and yet a third alternate for some subsequent meeting. The only requirement additional to the BLs may be the procedure(s) enforced by the AC to ensure a smooth and transparent transition from meeting to meeting (i.e., informing the Chair and/or AA so that proper access to documentation is available for the named alternate.)
The AC Chair did not agree with the BLPC’s interpretation. His concern with the interpretation was that they can designate a different alternate for each meeting and that they would designate a single alternate for them in the case they are not able to attend the meetings. This is based on "may designate an alternate for the purpose of attending Advisory Council Meetings in the absence of the representative."
In his view, the key word is "Meetings", leading to believe that it is a single alternate who is responsible for replacing them, like a VP does for a President. It should not be a rotating replacement. The intent is not only to ensure representation but also to provide stability. The AC Chair was of the view that this should be interpreted the same way as the Committee did if it had said "Meeting" and not "Meetings", but it does not.
The AC Chair will be advised that the BLPC’s interpretation stands and changes to the BL 10.4.1.1 would be required in order to achieve a desired outcome. Action: S. Fréchette
3.17 2022 AGM Process
The Resolutions Sub-Committee (RSC) members will be in attendance at the AGM and will oversee the submission of any late resolutions from the floor. Members of the BLPC present at the AGM (as delegates or observers) are welcome to sit with the RSC to assist.
Some were of the view that all members of the BLPC attend this year’s AGM to observe, learn and also to understand the functioning of that meeting.
In essence, the RSC is the planning body in place to prepare the business of the AGM (resolutions) and BLPC members should be at the AGM to assist the head table as well as the assembly’s debate in the interpretation of any BLs and/or policies.
This will be brought forward to the AGM Task Force for consideration. The BLPC Chair will also seek the President’s approval to allow the BC/Yukon and QC BLPC reps to attend this year’s AGM. It was clarified that there would be funding to do so. Action: S. Fréchette
3.18 IT Vancouver Sub-Group (Amended)
The Sub-Group AGM is scheduled for December 2022 at which time the amended BLs will be submitted for ratification. Action: M. Chow
3.19 AFS Southern Alberta (Calgary & Red Deer) Sub-Group (Amended)
The Sub-Group did not bring forward any BL amendments at their 2022 AGM as most of the amendments were about voting before the AGM, which has changed since members work from home. The Sub-Group is waiting to see what electronic methods PIPSC comes up with for voting outside of an AGM and will then consider if their BLs need to be amended.
This will remain in parked items for the time being.
3.20 Policy on Gratuity
The BLPC was informed that the Policy on Gratuity had been approved by the Board at its June 2022 meeting.
The Policy will be amended accordingly, posted to the website and it will also be included in the report to the 2022 AGM. Action: Fedora
3.21 Policy on the Use of Cell Phones
The BLPC was informed that the Policy on the Use of Cell Phones had been approved by the Board at its June 2022 meeting.
The Policy will be amended accordingly, posted to the website and it will also be included in the report to the 2022 AGM. Action: Fedora
3.22 Policy on the Use of Internet
The BLPC was informed that the Policy on the Use of Internet had been approved by the Board at its June 2022 meeting.
The Policy will be amended accordingly, posted to the website and it will also be included in the report to the 2022 AGM. Action: Fedora
3.23 Proposed Policy on Financial Appeals
The BLPC was informed that the Policy on Financial Appeals had been approved by the Board at its June 2022 meeting.
The Policy will be amended accordingly, posted to the website and it will also be included in the report to the 2022 AGM. Action: Fedora
3.24 Policy on Financial Support for Member Participation - Per Diem for Virtual Meetings
The BLPC was informed that the Policy on Financial Support for Member Participation pertaining to the per diem when attending virtual meetings had been approved by the Board at its September 2022 meeting.
The Policy will be amended accordingly, posted to the website and it will also be included in the report to the 2022 AGM. Action: Fedora
3.25 Board Hospitality
The BLPC was informed that the Board had created a task force to address this matter, with input from the Finance Committee and the BLPC.
The Finance Committee Chair indicated that the Finance Committee is of the view that there was no need for this to be enshrined in policy. This was relayed to the task force for consideration. The BLPC did not have any additional comment to provide at this time.
3.26 Travel Outside the Region
Discussions on this matter are ongoing.
The Board was in agreement to reinforce what is currently in place (BLs 4.5 and 11.1.12), i.e., residing in Region “A” and participating in Region “B”. This said, the Board also increased the cap amount from $700 to $900 when traveling to another Region for Institute business.
The Board also created at task force (TF) to look into this matter further, in line with the Policy on Financial Support for Member Participation. The TF is composed of one member of the Advisory Council (yet to be identified), four members of the Board (John Purdie (Ontario Regional Director) Mark Muench (NCR Regional Director), Emmanuel Costain (Atlantic Regional Director) and Stéphanie Fréchette (Vice-President)) and it will work in collaboration with Corporate Services to define and determine the issue of “workplace”.
The following instructions were also provided to the TF by the Board:
- Compare the PIMS database and GEDS (employer’s database) and look into how “workplace” is determined.
- Consider member engagement (ensure a “member focus” lens).
- Report back to the Board and include several options in terms of covering costs.
The TF will meet once the AC rep has been identified.
3.27 Policy on Financial Support for Member Participation (Meals)
The BLPC was informed that the Policy on the Financial Support for Member Participation as it pertains to meals, had been approved by the Board at its June 2022 meeting.
The Policy will be amended accordingly, posted to the website and it will also be included in the report to the 2022 AGM. Action: Fedora
3.28 Travel Policy on Financial Support for Member Participation (Travel)
The BLPC was informed that the Policy on the Financial Support for Member Participation as it pertains to travel, had been approved by the Board at its June 2022 meeting.
The Policy will be amended accordingly, posted to the website and it will also be included in the report to the 2022 AGM. Action: Fedora
3.29 Purchasing of Technical Equipment
The BLPC was informed that at its June 2022 meeting, the Board had approved a policy to allow all constituent bodies and Consultation Team Presidents to be provided with a laptop, purchased and tracked by PIPSC. The policy would also allow for exceptions to be approved by the Board.
The Board also created a task force to develop a process to oversee, administer and implement this new policy.
It was noted that moving forward, all constituent body assets (assigned or reassigned) will now be tracked by PIPSC.
3.30 RE Central Vancouver Island Sub-Group (Amended)
The BLPC Staff Resource is to provide a history of this item to the BC/Yukon BLPC rep to assist in the follow-up action required regarding these BLs. Action: Fedora
3.31 NR NRCan Sub-Group (Amended)
These Sub-Group BLs were approved at the June 2022 Board meeting. Follow-up is to be done on the status of translation and posting. Action: Fedora
3.31 BLPC Meeting Schedule
There was agreement on the following dates for the next BLPC meetings:
October 17, 2022 (Monday) (possibly 17 and 18 – TBC by the Chair)
December 9-10, 2022 (Friday & Saturday)
- New Business
4.1 NEB Group (Amended)
The Group AGM will be held on September 28, 2022, at which time the amended BLs will be submitted for ratification.
Article 8.1.3 (Quorum) - Concern raised regarding the proposed change and the potential implications as it may be difficult to reach that number of delegates. A follow-up will be done with the Group to clarify their intent with respect to the proposed change.
Quorum The lesser of fifty (50) members or ten percent (10%) of the Regular members shall constitute a quorum.
Preamble - Reference to “PIPSC Regulation” should be replaced by “PIPSC policies”.
Article 5.8 – replace “auditing” by “review”.
Article 8.1.5 - The Group will also be notified that voting by email is not secure and could incur risks. An alternate solution may be preferable.
Furthermore, clarification should be sought regarding the reference to the “Election Chair” as it pertains to voting on motions at the AGM.
“Virtual attendance will be permitted and these attendees may vote via e-mail to the Election Chair.”
The Group will be advised of the BLPC’s concerns prior to their AGM. Action: S. Fréchette
4.2 SP Group (Amended)
The Group amended BLs were ratified in June 4, 2022.
8.1.3.2 (NEW) Resolutions submitted contrary to the procedure outlined in these By-Laws may be dealt with by an Annual General Meeting (AGM) only after all regularly submitted resolutions have been dealt with. Late resolutions have to be submitted in both official languages by the mover and have to be received by the Executive no later than 48 hours before the start hour of the AGM. However, the AGM may accept a resolution as an emergency and deal with it immediately.
The amended Group BLs will be submitted to the Board for approval in October. The proposed amendment will be reflected in the last approved Group BLs (September 2018 version).
Action: S. Fréchette – Fedora - BOD
4.3 Toronto Centre CRA Branch (Proposed)
It was noted that the proposed BLs presented were based on the model. As this Branch is currently in trusteeship, the proposed BLs will be submitted to the Board for information and approval, in October. Action: S. Fréchette – Fedora - BOD
4.4 Prince Albert Branch (Amended)
The amended BLs were ratified at the September 14, 2022 Branch AGM. The most recent version of the model was applied to the 2007 version of the Branch BLs. The amended BLs will be submitted to the Board for approval in October. Action: S. Fréchette – Fedora - BOD
4.5 Review of Model Wording
As indicated and recommended by both the Director of Finance and the Finance Committee, all references to “audit” in the PIPSC BLs, policies and terms of reference that do not specifically reference the external auditors of the Institute or the corporations of the Institute, should be amended to state “review.”
This will be brought to the Board for approval in October. Action: S. Fréchette – Fedora - BOD
A full review of all model constitutions will be done at a future meeting, including the BLs pertaining to the election of constituent body Executives. Action: Fedora
4.6 Block of Hotel Rooms
At the request of the Executive Committee, a message was sent from PIPSC to all members stating that as part of the planning process for the national AGM, a block of hotel rooms had been secured at a discounted price and that PIPSC will not reimburse members who book hotel stays for the AGM either through a third-party provider or directly with the hotel for the period of November 14 through November 22. Any bookings done through a third-party provider or directly with the hotel are to be cancelled and rooms booked through the PIPSC reservation portal.
This will be discussed further at the next meeting in terms of the based on the Policy on Financial Support for Member Participation – Section 4 – Travel Arrangements and the full discussion the Board held at its September 2022 meeting on this matter. Action: Fedora
4.7 Policy on Consultation and Policy on Constituent Body Allocation
Further discussions will be held at the next meeting in terms of Sections 6, 7, 8 and 9 of the Policy on Constituent Body Allocations to be copied to the Policy on Consultation.
Action: Fedora
- Parked Items
The following items will remain on the agenda, under parked items and all others would be removed.
- OSFI Group (Amended) (pending input from Group) – keep on agenda
- NR DND Louis St-Laurent Sub-Group (Amended) – keep on agenda (T. Goddard)
- NR DND NCR Sub-Group (Proposed) – keep on agenda
- AFS Saguenay Sub-Group (S. Fréchette) – keep on agenda
- AFS IOTSO Sub-Group (Proposed Amendments) (AGM in 2020) – keep on agenda
- AFS Southern Alberta (Calgary & Red Deer) Sub-Group (Amended) – keep on agenda
- Vancouver Branch (Amended) – still pending – keep on agenda
- Haut Richelieu Branch (S. Fréchette) – still pending – keep on agenda
- CSC Montréal and Rive-Nord Branch (S. Fréchette) (Date of AGM TBC) – keep on agenda
- Adjournment and Next Meeting
The meeting adjourned at 5:50 p.m. The next meeting will take place on October 17, 2022, date to be confirmed by the Chair. Action: S. Fréchette