Present

S. Keating, Chair
J. Attwood
F. Bari
C. Beemer
D. Bishop
L. Bracken K. Cook
F. Cole
D. Dietrich
B. Dowson
G. Fieber

R. Fife
C. Genereux
R. Graham
A. Grant
G. Hayward
B. Hood
S. Ireland
M. Lambert
M. McGinn
A. Mahdavian
M. Maleki

N. Mohabir
M. A. Murray
D. Norling
S. Padda
K. Pederson
C. Ritchie
S. Seguin
M.L. Sivilia
B. Stewart
B. Weichel
C. Zanchetta

Regrets

B. Hill
L. O’Hearn-Grant

A. Spacek

M. Taylor

Staff

H. Campbell
A. Coghlan

J. Hofbauer, Recorder
P. Reinhart

G. Siskind
C. Stanford

WELCOME

S. Keating welcomed new public members to Council: Meysa Maleki and Sharnajit Padda. She informed Council that Shamsul Islam and Busha Taa have resigned.

AGENDA

The agenda for the meeting had been circulated. Executive Committee meetings of December 1 and 6, 2005 were added to the agenda. It was noted that, due to the recommendation for a closed session, the report of the Finance Committee will be addressed first.

MOTION 1

Moved by J. Attwood, seconded by R. Graham,

That the agenda for the Council meeting of December 7, 2005 be accepted as amended.

CARRIED

Closure

The Executive Committee is recommending closure of the meeting, in accordance with the provisions of the Procedural Code.

Motion 2

Moved by M. McGinn, seconded by F. Bari,

That the Council meeting be closed at 9:05 a.m. on Wednesday, December 7, 2005 to discuss personnel matters in accordance with Section 7(2)(d) of the Procedural Code.

CARRIED

Council convened in a closed session. Decisions made in the closed session are reported in a confidential appendix to the minutes.

Finance Committee

M. A. Murray presented the report of the Finance Committee. The nine-month financial statements reflect that the College continues to be in a strong financial position with a positive variance from the 2005 budget.

Motion 3

Moved by M. A. Murray, seconded by G. Fieber,

That the unaudited financial statements for the nine month period ended September 30, 2005 be accepted.

CARRIED

M. A. Murray noted that the Finance Committee continues work on an evaluation tool and will report in the future.

Bylaw Revision

The Finance Committee is recommending that the Fees Bylaw be revised to include an application fee of $233.65 ($250 with GST) for reinstatement following a revocation or suspension of a member’s registration by the Discipline or Fitness to Practise committees. It was clarified that there would be no application fee for a reinstatement at the end of a suspension. It was also clarified that this Bylaw requires circulation and is being considered at this time for approval for consultation purposes only. Final approval will be considered in June, when Council can review the feedback.

It was noted that the proposed fee is not meant to be a barrier to reinstatement; the Fees Bylaw allows for waiver of fees. Rather, it is an acknowledgement of the seriousness of the application process and a mechanism to encourage that applicants follow-through with the process. If Council decides to approve the Bylaw, criteria for waiver will be identified. It was noted that the costs for reinstatement hearings are significantly greater than the fee.

There was considerable discussion about the proposed Bylaw. While some members supported the recommendation, there was concern that charging an application fee for Fitness to Practise matters was penalizing applicants who had been suspended or revoked due to illness rather than behaviour. It was suggested that, should the Bylaw be approved, the criteria for fee waiver specifically address Fitness to Practise matters.

Given the diversity of views around the Council table it was agreed to seek member feedback.

Motion 4

Moved by J. Attwood, seconded by M. McGinn,

That Council approve the following Bylaw revision for the purpose of consultation:

Amend Bylaw No. 2: Fees to add before Article 8.01 a new Article 8.001, as follows:

8.001 A person who applies pursuant to Section 72 of the Code (for the reinstatement of his or her Certificate(s) of Registration) shall pay an application fee of $233.65, which fee shall be payable at the time the person makes such application.

CARRIED

2006 Operating and Capital Budgets

P. Reinhart presented an overview of the budgeting process, the 2006 operating and capital budgets and three-year budget projections. He noted that the operating budget is a one-year plan, supporting the annual operating plan which focuses on implementation of the College’s strategic plan. Despite the planned deficits over the next three years, it is not anticipated that a fee increase will be necessary to support operations until 2010.

The current $12 million accumulated surplus provides funds to cover more than 6 months of operations. In 2004 the Finance Committee did a review of surplus and supported that the College maintain a surplus that will provide funds for a minimum of three months of operations and a maximum of six months of operations. Under those guidelines, it would not be appropriate for the surplus to continue to grow.

Motion 5

Moved by S. Ireland, seconded by J. Attwood,

That Council approve the 2006 operating and capital budgets.

CARRIED

Minutes

Minutes of the Council meeting of September 28 and 29, 2005 had been circulated. S. Keating highlighted motion 10 on page 379 related to proposed amendments to the Transitional Class regulations. Following the Council meeting, legal counsel reviewed the amended regulation that had been appended to the Council briefing note and confirmed that the wording was appropriate. The Executive decided to move forward publication of the proposed amendment to allow feedback to be reviewed by Council in March.

Motion 6

Moved by B. Dowson, seconded by G. Fieber,

That the minutes of the Council meeting of September 28 and 29, 2005 be approved as circulated.

CARRIED

Evaluation of September Council

The summary of the evaluations of the September Council meeting has been circulated. The Executive had discussed the evaluation in detail and requested Council’s feedback on the suggestion that there be an education session on the concept of “public good”. It was noted that this issue is clearly covered in the orientation.

It was identified that it is at the membership level that there is a lack of knowledge about the role of Council. As more people participate in College activities, more members will be exposed to, and promote, the College’s role.

The evaluation had included a comment that public members may not be able to participate in all decisions because they do not have technical nursing expertise. It was confirmed that it is very important that public members participate in discussion and decision-making, to bring the public perspective to all issues.

One is One too Many

Council reviewed the updated One is One Too Many DVD. It was noted that the DVD is one component of the abuse prevention program which includes standards, a facilitator’s guide and a workbook. The supporting tools are currently being revised.

It was suggested that all efforts be made to distribute the program widely, including use of the website and The Standard. It was noted that the program has the greatest impact when the DVD is used with the other program tools, and particularly in facilitated group discussions.

RN(EC) Laboratory Test List

Council was informed that the College seeks expert input prior to circulation of the proposed changes to the RN(EC) laboratory test list. Four laboratory tests had been missed in publication in June and were published in The Standard in September. A report on feedback was reviewed.

Council again expressed concern around the list-based approach and its impact on the timely availability of tests and drugs for RN(EC)s and their clients. The College included this concern in its HPRAC submission and HPRAC has asked for more information.

Motion 7

Moved by D. Norling, seconded by B. Hood,

That Council directs that the College write to the Ontario Ministry of Health and Long-Term Care to request that the Ontario Government take such action as shall be required, including amending Statutes and Regulations,  to allow Registered Nurses in the Extended Class to order the following laboratory tests:

Creatinine clearance, Creatinine Kinase, Clostridium difficile toxin assay and Prostate Specific Antigen (PSA).

CARRIED

Bylaw

In September, Council had approved a revision to the Bylaws, for consultation. Feedback from the consultation was reviewed.

Motion 9

Moved by M. McGinn, seconded by G. Fieber,

That Council approve the following bylaw changes:

1. Amend Bylaw No. 1:  General and specifically Article 44.2 to add the following new provisions:
   
   44.2.01.2 The form required by this article shall be fully completed by the member and returned to the College by the December 31st next following the forwarding of the form to its members.
   
   44.2.01.3 Where a member fails for any reason to return a fully completed form, the Executive Director shall cause the member to be notified in writing of that failure.
   
   44.2.01.4 Where the Executive Director causes written notice to be given to a (Bylaw No. 2: Fees) shall immediately be payable by the member.
   
   
2. Amend Bylaw No. 1:  General and specifically Article 44.3
   
   add to the beginning of article 44.3.01 the words
   
   “Subject to Article 44.3.02,”
   
   And to delete the current Article 44.3.02 and substitute the following:
   
   44.3.02 The annual payment card shall be sent out to each member within a reasonable period of time after receipt by the College of payment of any fee owed by the member to the College, including the member's annual fee, and the fully completed form referred to in Article 44.2.
   
   
3. Amend Bylaw No. 2: Fees to add Articles 9.1.01 and 9.1.02 (immediately before Article 10.01) as follows:
   
   9.1.01 Subject to Article 9.1.02, a member who is notified of his or her failure to return to the College the fully completed form referred to in Article 44.2 of Bylaw No. 1: General, shall pay a fee of $23.36.
   
   9.1.02 The fee referred to in Article 9.1.01, shall be waived if the fully completed form required by Article 44.2 of Bylaw No. 1: General is received by the College on or before the January 31st next following theforwarding of the form to its members.

CARRIED

Practical Nurse Program Approval

Council was reminded that the Practical Nurse Program Approval Committee was established with experts to review and make recommendations about program approval. Council received a report of the recommendations of the Committee. D. Norling and G. Fieber noted involvement with programs under review, declared a conflict of interest and abstained from the discussion and voting.

Motion 10

Moved by R. Fife, seconded by J. Attwood,

That the Practical Nurse programs at Cambrian College, Canadore College, Confederation College, Northern College, and Sault College be approved for a 5 year term, until December 2010.

CARRIED, 2 abstentions

Executive Director update

A. Coghlan updated Council on the HPRAC review, Regional Education Network review, and new statistical packages. Council was informed that the Minister of Health and Long-Term Care has announced the establishment of a new health regulatory college for Traditional Chinese Medicine.

Executive Committee

Council received minutes of Executive Committee meetings of October 20, November 16 and 17, November 22, December 1, and December 6, 2005. The Executive held a number of conference calls to address matters where there is potential serious outcome for the public or the member(s). The Executive had appointed M. Maleki to a committee.

Motion 11

Moved by J. Attwood, seconded by A. Grant,

That Meysa Maleki be appointed to the Quality Assurance Committee until June 2006.

CARRIED

The Executive Committee recommended changes to the Council and committee member expense policy, for clarification.

Motion 12

Moved by K. Pederson, seconded by M. Lambert,

That Council approve the revisions to the Council and committee member expense policies, as appended to the minutes.

CARRIED

Due to resignations, the Discipline Committee is short of members. The Executive is recommending an interim appointment to assist with the shortage of members.

Motion 12

Moved by J. Attwood, seconded by C. Genereux,

That B. Weichel be appointed to the Discipline Committee until June 2006.

CARRIED

Nominating Committee

M. McGinn highlighted the Nominating Committee’s report on its review of the process of assignment of members to committees. The Nominating Committee is suggesting an evaluation following the use of the new process a second time, in the fall of 2006.

The Nominating Committee had developed criteria for consideration of committee changes, including criteria for a change when a member begins a new term of office. It was identified that it will be important to inform re-elected members about the criteria.

The Nominating Committee is recommending revisions of its terms of reference to reflect the new process.

Motion 13

Moved by C. Ritchie, seconded by M. L. Sivilia

That Council approve the proposed revised Nominating Committee Terms of Reference, as appended to the minutes.

CARRIED

ONA Liaison

Notes of the CNO/ONA Liaison meeting of November 16, 2005 had been circulated.

Nominating Committee

The Executive Committee appoints the members of the Nominating Committee, for ratification by Council.

Motion 14

Moved by R. Fife, seconded by A. Grant,

That the following be ratified as the 2006 Nominating Committee:

R. Graham, M. McGinn, L. O’Hearn-Grant, K. Pederson, C. Ritchie and M.L. Sivilia

CARRIED

Other Business

A member noted that there has been positive feedback about the annual renewal form.

Conclusion

At 2:20 p.m., it was

Motion 15

Moved by J. Attwood, seconded by D. Bishop,

That Council conclude.

CARRIED

Overview

CNO provides for remuneration of expenses of elected Council and committee members in order to ensure that involvement in Council business does not place a financial burden on Council or committee members. The College will either reimburse the member for out of pocket expenses on receipt of a completed expense claim form, or will arrange and prepay for services (e.g. hotel, air travel). Members are expected to be fiscally responsible in the use of services, attempting where possible to minimize costs to the College through selection of the most cost-effective alternative and/or through sharing of services (e.g., taxis) where possible. Members are expected to follow the travel policies and procedures.

All expense requests are audited and subject to third party review. Employers may be contacted to verify stipend claims for salary loss.

Related Procedures and Requirements

• Prior to incurring any expenses outside regular Council and committee involvements (e.g. speaking engagements), the member is required to obtain authorization from the Executive Director’s office.
• Receipts are required to support expenses. A written explanation must accompany any expenses not so supported.
• The College will pay hotel room charges, parking and taxes. Other charges on hotel bills are the responsibility of the member, and may be claimed as expenses if they fall within the parameters of the policies.
• Prior authorization from the Executive Director’s office is required to cover any exceptions to the rates in excess of maximum allowable under the following specific policies.

Specific Policies

Allowable/reimbursable expenses related to specific accommodation facilities and services will be reimbursed by the College in accordance with the following policies:

1. Overnight Accommodation

The cost of overnight accommodation will be paid by the College for attendance for College business. If a meeting has been cancelled in advance, the College will not be responsible for the cost of overnight accommodation.

a) Hotel/Motel:

• For Toronto, members will stay at one of the corporate hotels ( Delta Chelsea Inn and the Toronto Marriott Bloor-Yorkville). Members will indicate at the beginning of the year which hotel they will use throughout the year; and
• For outside Toronto, a hotel will be selected that offers the rate closest to the CNO’s corporate rate at the corporate hotels.
• Charges for failure to cancel accommodation are the responsibility of the member.¹

Hotel accommodation is not generally provided to members who reside within a radius of 40km of the meeting site.

In order to take advantage of corporate rates, and as a service to Council members:

1. In Toronto – All requirements for overnight hotel accommodation in Toronto must be arranged in accordance with the travel policies and procedures.
2. Outside Toronto – The committee staff resource person will, upon request, arrange for accommodation in other centres.

Members need to verify the charges against the bill before checking out. An initialled copy of the bill needs to be attached to the expense form to facilitate expense administration.

b) Private Accommodation:

• An allowance of $30.00 per night may be claimed, without receipt, for private accommodation used.

2. Travel

The College will cover the costs of travel from the member’s electoral district (either home or work) to the College for College business.

a) Inter-Urban:

The following are allowable expenses for transportation required between centres:

1. Economy airfare;
2. Train, including
   • Parlour car (if journey exceeds two hours)
   • Berth (or roomette if berth not available) if required;
3. Bus;
4. Private automobile – at the rate of 41 cents per kilometre, to a total not to exceed the economy airfare, plus tolls; and
5. Car rental.

Travel expenses claimed must reflect travel via the most expeditious means, consistent with convenience and economy. If a more time-consuming mode of travel is selected voluntarily by the member, the maximum entitlement under this policy is the equivalent of those reasonable expenses had economy airfare been selected.

Note: All air and train travel arrangements are made through Vision 2000.

b) Intra-Urban:

The following are allowable expenses for transportation within an urban centre:

1. Private automobile – at a rate of 41 cents per kilometre;
2. Parking for private automobile;
3. Taxis, with receipts (ensure that the date and the “to” and “from” addresses are included on the receipt); or
4. Bus/subway fare.

c) Business Travel Insurance

All Council and elected Committee members are provided, at College expense, with accidental death and dismemberment insurance in the principal sum of $100,000. This insurance provides 24-hour protection for members while travelling on College business.

3. Meals

The cost of meals for travelling members is an allowable expense to a maximum of $45.00 per day inclusive of taxes and gratuities. In-town members may claim the cost of a meal with Council or committee members for business purposes. Expense claims must be supported by receipts.

4. Salary Loss

1. A member may claim up to the maximum of the equivalent to the current daily stipend for salary loss which she or he cannot recover by rearranging her or his work schedule for:
   1. time committed to meetings which are unexpectedly cancelled or prematurely terminated;
   2. travelling time related to scheduled meetings of Council and committees, meetings which are unexpectedly cancelled, and time while otherwise engaged in Council business (e.g. speaking engagements) for which prior authorization has been confirmed; and
   3. the balance of the full day for a scheduled one-half day meeting.
      
2. A half stipend day may be claimed by members who work a 12-hour shift as follows:
   1. a member may claim stipend if the four-hour differential results in salary loss when the member receives a one day stipend; or
   2. a member may claim the differential, to be paid to the member’s employer, if the member was replaced by her or his employer and the four-hour differential has resulted in a cost to the employer.

5. Incidentals

A daily incidental allowance of $8.00 may be claimed for each travel day ², without supporting receipts, for telephone calls and other incidentals such as porters.

6. Gratuities

Gratuities for taxis and limousines will be limited to the higher of $1.50 or 15% of the metered charge.

7. Non-reimbursalbe expenditures

The College will not reimburse for the following expenses:

• Child care
• Dry cleaning, shoe shines and other personal services
• Movie rentals
• Parking violations
• Tips for porters, housekeeping
• Telephone calls
• Meals upon return home

8. Weekend Stays

A member attending a Friday or Monday meeting who chooses to remain in Toronto over a Saturday night, with a resultant savings in travel cost, may claim the costs for hotel and meals up to a maximum of 80% of the cost savings. The member must request the expenses on the CNO expense account sheet with an attachment itemising:

• the cost of the full economy air fare;
• the reduced travel cost;
• the cost savings; and
• the eligible expenses.

Expenses incurred must continue to fall within CNO guidelines to be climbable.

This policy does not apply to members who stay in Toronto because of meetings on both Friday and Monday. Full expense reimbursement in those instances will be considered on an individual basis.

9. Cancelled Meetings & Extended stays due to unforseen circumstances

The College will reimburse Council and committee members for unavoidable expenses incurred relating to:

• a cancelled meeting for which it was not possible to cancel travel plans, and
• extended stays due to unforeseen circumstances such as cancelled flights caused by inclement weather.