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The Professional Institute of the Public Service of Canada » News & Events » Events » AGM » 2015 AGM » AGM Resolutions » Resolutions - Amendments to Institute By-Laws

Resolutions - Amendments to Institute By-Laws

B-1 BY-LAW 22 –ELECTION OF OFFICERS AND DIRECTORS OF THE INSTITUTE

Disposition

Carried

Timing of the PIPSC Election

Whereas the Professional Institute of the Public Service of Canada is a Canadian, not-for-profit organization which is governed by the Canada Not-for-Profit Corporations Act (NCA);

Whereas the NCA requires that directors of a corporation be elected at the AGM

Therefore be it resolved that Institute Bylaw 22.1 be amended as follows:

22.1.1 Commencing in 2015, there shall be an election of Officers and Directors of the Institute every three (3) years.

22.1 Date of Election / Commencement of Office - Each year Commencing in 2015, there shall be an election of Officers and Directors of the Institute every three (3) years. On or before the first (1st) day of September, the Board shall fix the date for the election of Officers and Directors, which shall take place after the at the Annual General Meeting. The newly-elected Officers and Directors shall take office on the first (1st) day of January, following the election.

Resolutions Sub-Committee Comments :

No comments provided

B-2 BY-LAW 17 COMMITTEES OF THE BOARD / BY-LAW 22 ELECTION OF OFFICERS AND DIRECTORS OF THE INSTITUTE

Disposition

Carried

National Elections

17.3.2 Conduct of Elections The Elections Committee shall be responsible for the conduct of Institute elections for Officers and Directors, other than the AC Director, according to the By-Laws and Regulations of the Institute and shall adopt such administrative procedures as may be necessary to conduct that election. The Elections Committee shall also:

1. scrutinize all candidate biographical sketches for accuracy insofar as is practical, and

2. investigate and rule on the propriety of any election activity undertaken by a candidate or those acting on behalf of the candidate. Notwithstanding By-Law 24, upon finding such activity to be improper or inappropriate, the Committee shall take such corrective action as it deems necessary. Corrective action taken by the Elections Committee shall be limited to measures affecting only the election process at issue and may include, but is not limited to:

(i) declaring the election, or any candidacy in such election to be null and void;

(ii) removal of the right to vote in that election AGM 2007 (e)

22.4 (Election Campaign) Candidates, and supporters and other members involved in election activities will be expected to observe accepted standards of conduct through an election campaign, both in verbal and written communications.

17.4.1.1 (Members Ineligibility as Candidates in Institute Elections) (NEW)

Members Ineligibility as Candidates in Institute Elections - Upon accepting an appointment to the Elections Appeals Committee, a member shall irrevocably forfeit his or her right to be a candidate for the election that the Committee may be involved with, or to hold office as an Officer or Director of the Institute until after that election appeal period has been completed.

19.1.1 The term of office for the President shall normally be three (3) years, except that the President election in 2013 shall be for a term of two (2) years. AGM 2012 (e)

20.1.1 The term of office for the Vice-Presidents shall normally be three (3) years, except that the election for Vice-President in 2014 shall be for a one (1) year term. AGM 2012 (e)

21.1.1 The term of office for the Regional Directors shall normally be three (3) years, except that the regularly scheduled election for the Regional Directors (two (2) from the NCR, Director for the Atlantic, Ontario and British Columbia/Yukon Regions) in 2014 shall be for a one (1) year term. AGM 2012 (e)

22.1.2 The positions to be filled by the election held in a year are:

a) in years evenly divisible by three, the President;

b) in years not evenly divisible by three, two Vice-Presidents, one of whom shall serve on a full-time basis and one who shall not;

c) in the year following the Presidential election, two (2) Directors for the NCR, Directors for the Atlantic, Ontario and British Columbia/Yukon Regions; and AGM 2009 (e)

d) in the year prior to the Presidential election, two (2) Directors for the NCR, Directors for the Québec and Prairie/Northwest Territories Regions AGM 2008 (a)

22.1.3 Vacancies Should the Board declare a vacancy in a position on the Board, the Board may elect to call a special election for that position, provided that there are at least six (6) months remaining in the term of office at the time the special election is called. If such a vacancy is not to be filled by special election and the remaining term extends into the calendar year following the next regular call for nominations, that position shall be included in the next regular call for nominations. AGM 2009 (e)

The term of office when the position is filled by either of the above methods of election shall be the remaining term of the office vacated. AGM 2005 (e)

22.2.2.2 Vice-President as Candidate for Vice-President A Vice-President who is serving on a full-time basis shall not be eligible to run for the position of a full-time Vice-President unless his term of office expires in the year of the election. Similarly, a Vice-President who is not serving on a full-time basis shall not be eligible to run for the position of a non-full-time basis Vice-President unless his term of office expires in the year of the election. AGM 1999 (e)

22.2.2.3 Director as Candidate for Director A Director shall not be eligible to run for a position of Director in a Region unless his term of office expires in the year of the election.

22.3.2 Plurality Vote Unless otherwise specified in these By-Laws, in all Institute elections, candidates who receive the plurality of legal votes shall be deemed elected.

Resolutions Sub-Committee Comments :

No comments provided

B-3 BY-LAW 17 – COMMITTEES OF THE BOARD

Disposition

Carried

17.11 - Information Technology Services and Projects (ITSP) Committee Mandate

Whereas the ITSP committee is relatively new; the scope of who can refer issues to the ITSP committee was partial and was not consistent in regard to the structures within our organization; and

Whereas the committee was asked to look into issues and projects related to PIPSC employees. Those issues and projects are out of scope based on the current mandate. An important part of the work PIPSC Information technology section provide is related to the work of our employees, so it makes sense that the committee be allowed to looked into issues raised by the employees; and

Be it resolved that the mandate of the ITSP committee be reviewed as proposed;

17.11.1 Composition - There shall be a Committee of the Board to be known as the Information Technology Services and Projects Committee consisting of five (5) to seven (7) members. Composition of the Committee should normally be representative of PIPSC IM/IT Professionals. AGM 2013

17.11.2 Mandate The Information Technology Services and Projects Committee shall advise and make recommendations to the Board on Information Technology Services and Projects issues. referred to it by from the Annual General Meeting, Executive Committee meetings, Board of Directors, Consultation Teams, Groups, Branches or Sub-Groups, and/or members. AGM 2013

Resolutions Sub-Committee Comments :

No comments provided

B-4 BY-LAW 17 – COMMITTEES OF THE BOARD

Disposition

Defeated

Women's Committee

Whereas Women's rights is both a human rights issue and an important union issue;

Whereas it is critical that our union be inclusive, and that we find ways to engage all of our members;

Whereas a women's committee provides a forum for members to become engaged in their union by focusing on issues that are of a particular concern to women;

Whereas a women's committee provides a platform to actively seek to involve women in the activities of their union, promote networking, collaboration and solidarity in raising awareness;

Whereas women's committees are needed throughout the union structure to support policies that promote equality rights;

Therefore be it resolved that the following By-Law be created

17.X Women's Committee

17.X (NEW) Composition - The Women's Committee, consisting of (5) to (7) members. The composition of the committee shall be gender based, and normally shall include a representative from each Region.

17.X (NEW) Mandate - The mandate of the Committee shall be to identify, promote, and support union actions by:

  • identifying the issues that are of particular concern to women;
  • educating and mobilizing women by creating links between themselves, the union, the workplace, the community, and equality rights;
  • advocating around those issues identified, by uniting, engaging, and mobilizing all women to take action and move the Women's Rights agenda forward;
  • advocating for policies that support and promote the union issues with regard to Women's Rights.

The Committee shall be responsible for advocating that local and regional women's committees are established to act as resource centres, and to actively seek to involve women members in the activities of their union

Resolutions Sub-Committee Comments :

The estimated cost to create a standing committee is $50K

B-5 BY-LAW 20 – VICE-PRESIDENTS

Disposition

Carried

20.3 Acting Vice-President When a Vice-President is temporarily unable to carry out his duties, the Board shall, at its next regular meeting, designate an Acting Vice-President for the duration of such temporary absence. By-Law 20.2.1 is not applicable for the acting period.

Resolutions Sub-Committee Comments :

No comments provided.

B-6 BY-LAW 21 – DIRECTORS

Disposition

Carried

21.4.1 If a position of elected Director becomes vacant, the Board shall, subject to the recommendation of the AC or the Regional Executive concerned, fill such vacancy, by appointment, until the vacancy is filled by election. By-Law 21.2.1 is not applicable until the election.

Resolutions Sub-Committee Comments :

No comments provided.

B-7 BY-LAW 17 – COMMITTEES OF THE BOARD

Disposition

Carried

Composition of the Committees of the Board

Whereas Committees of the Board are composed of members who volunteer to serve; and

Whereas Regional Executives are (i) in a preferred position to know and evaluate the credentials of volunteers from the region, and are (ii) in a priority position to select volunteers who can best advocate the interests of the region; and

Whereas Regional Executives provide recommendations of those volunteers from the Region whose committee candidacy the region endorses and supports; and

Whereas the potential for conflict could exist between a regional selection and a selection by an appointed committee chair; therefore

Be it resolved that Institute By-Law 17.1.3 be amended as follows:

17.1.3 Composition - All Committees shall consist of five (5) to seven (7) members and, unless otherwise specified, shall include no less than a one member from the NCR and one member from outside the NCR from each Region. Where there is a Vice-President liaison to a committee, the Vice-President does not count as a member of the committee.

Resolutions Sub-Committee Comments :

No comments provided.

B-8 BY-LAW 17 – COMMITTEE OF THE BOARD

Disposition

Carried

17.8 - Member Services Committee

Whereas the Chair of each Regions' Training Committee is normally chosen as the Regional representative on the Member Services Committee; and

Whereas it is important for all Regions to have the equal opportunity to advise and make recommendations to the Board on issues relating to the unique training needs of their Regions; and,

Whereas each Region has an equal opportunity to provide advice to the Board concerning varied activities such as the Institute training program and recruitment and training of Stewards; and

Whereas to ensure consistency and continuity of training to that Region, an alternate will be appointed by the Regional Executive;

Therefore, be it resolved that the Chair of each Region's Training Committee shall be the designated member to this committee. Each Region shall designate an alternate should the Chair of the Training Committee be unable to attend

17.8.1 Composition – There shall be a Committee of the Board to be known as the Member Services Committee consisting of five (5) to seven (7) members. The Chair of each Region's Training Committee shall be the designated member to this committee. Each Region shall designate an alternate should the Chair of the Training Committee be unable to attend.

Resolutions Sub-Committee Comments :

No comments provided.

B-9 BY-LAW 4 - ORGANIZATIONAL COMPOSITION OF THE INSTITUTE / BY-LAW 11 - REGIONS AND REGIONAL STRUCTURES ORGANIZATIONAL COMPOSITION OF THE INSTITUTE

Disposition

Carried

Whereas there are regular members that reside in a different region than where they work or their immediate supervisor is located;

Whereas the rights of Regular and Retired members to choose which region to be a regional council delegate, to nominate, vote and be elected to that regional executive should be equal;

Whereas no member should have right in more than one set of regional structure, either the one where the member resides or the one where the member reports for duty;

Be it resolved to amend the Institute By-Laws as following:

4.5 Regional Affiliation of Retired Members A Retired Member may be allowed to choose to be active member of in the region in which they resides live or in the region in which they works or last worked if retired. Any additional costs for a Retired Member choosing to be active member of in a region where he does not reside in which they last worked will be borne by the Retired Member.

11.1.1 Each Region shall be structured to provide a minimum of three (3) levels of organization, consisting of:

i) Regional Council

ii) Regional Executive

iii) Branches.

(NEW) 11.1.x A member may choose to be active in the regional structure where he resides, works or last worked. No member shall have rights in more than one (1) region.

11.2.1.1 All members should belong to one Branch and no member shall belong to more than one (1) Branch. AGM 2005 (e)

Resolutions Sub-Committee Comments :

No comment provided.

B-10 REGULATION TO BY-LAW 12 - STEWARDS

Disposition

Defeated

Methods of Selection

Whereas the Vancouver CRA Branch invoked PIPSC By-Law 12.4.1 and asked the PIPSC to conduct a steward election in accordance with Regulation R12.4.1; and

Whereas the Executive Committee and PIPSC have failed to comply with PIPSC By-Law 12.4.1,

Be it resolved that Regulation 12.4.1 be amended as follows:

12.4 Methods of Selection Stewards shall be selected as follows:

R12.4.1 Election Procedures The following procedures shall be followed in Steward elections:

1. Upon receiving a request to hold Steward elections from any Institute constituent body, the Executive Committee shall appoint a committee to administer the election within two weeks from the date of the steward election request.

2. The committee so appointed shall on a date no later than two weeks from its appointment date send out a call for nominations to all members in the area of jurisdiction and shall set the date(s) for the vote.

3. All members in the area of jurisdiction shall be provided with an opportunity to vote.

4. A simple majority of the legal votes shall be required to elect the Steward.

5. Where the Institute fails to comply with the time limits set out in R12.4.1 and R12.4.2 The Constituent body requesting the steward election shall appoint its own steward election committee which shall have the same authority and the mandate as the Institute Election Committee to carry out the steward election in accordance with R12.4.1.

Resolutions Sub-Committee Comments :

No comments provided.

B-11 BY-LAW 17 – COMMITTEES OF THE BOARD

Disposition

Defeated

Creation of an Engineering Advisory Committee

Whereas the Engineering Working Group was created by the Advisory Council in 2008, and was given a 3-year mandate (2009 to 2011), renewed twice, and

Whereas the Engineering Working Group has made significant gains in building relationships with key stakeholders including Provincial Associations, Engineers Canada, and the Senate,

Costs associated with this Resolution: Costs are anticipated to be the same as the current costs for the Engineering Working Group, which is funded under the Advisory Council budget; at the extreme, costs would be in-line with other Committees of the Board.

17.X Engineering Advisory Committee

17.X Composition The Engineering Advisory Committee will consist of five (5) to seven (7) members. The composition of the Committee should include equal membership from Treasury Board, Separate Employers and Provinces.

17.X Mandate The mandate of the Engineering Advisory Committee includes:

  • Solidifying the understanding of professional standards with employers, members, associations and the public by linking with Associations with a commitment to speak out on engineering issues in the public interest.
  • Building and maintaining member-to-member professional communication with members of the same professional identity by exploring opportunities for member professionals to meet on their subject areas of interest through the creation of subject area networks and collaborative efforts.
  • Developing strategies to break the management 'glass ceiling' and bring engineers to management level (EX and beyond) to have engineers in charge of engineers.
  • Exploring concepts of working with employers on learning initiatives to maintain professional competency and greater workplace recognition for its engineering members.
  • Establishing PIPSC as a visible Professional organization to its engineering members achieving professional credibility.
  • Establishing working relations with key stakeholders including Provincial Associations,
  • Engineers Canada, Members of Parliament, Senators, Deputy Ministers and Treasury Board.

Resolutions Sub-Committee Comments :

The estimated cost of a standing committee is $50K.

B-12 BY-LAW 13 – GENERAL MEETINGS OF THE INSTITUTE

Disposition

Carried as Amended

Consultation Team President as Delegate to the AGM

13.2.6.6 Consultation Presidents (NEW) Treasury Board National Departmental Consultation Team Presidents and Consultation Team Presidents from Separate Employers shall be delegates to the Annual General Meeting (AGM)

Amended

13.2.6.6 Consultation Presidents (NEW) Treasury Board National Departmental Consultation Team Presidents and Consultation Team Presidents from Separate Employers who have applied for delegate status but were not accepted shall be delegates to the Annual General Meeting (AGM)

Resolutions Sub-Committee Comments :

Estimated cost: 35 additional delegates X $2,000 = $70K.

B-13 BY-LAW 14 – FINANCIAL MATTERS AND FEES

Disposition

Referred to the Board of Directors

14.3 Financial Matters - Constituent Bodies

Whereas under By-Law 7.1 Regular and Retired members have the same rights with respect to the affairs of the Institute, subject only to By-Law 7.1.1 with respect to Groups and Sub-Groups, By-Law 7.1.2 with respect to voting on tentative collective agreements, and the stipulation that only regular members shall be eligible for appointment as stewards; and

Whereas under By-Law 14.3.1 constituent bodies receive an annual allocation of funds for each Regular member and Rand deductee, but not for Retired members;

Be it resolved that the first sentence of By-Law 14.3.1 be amended to read:

14.3 Financial Matters - Constituent Bodies

14.3.1 Annual Allowance Each constituent body is eligible to receive an annual allowance based on the number of Regular members, Retired Members, and Rand deductees in each constituent body on the rolls as of December 31 of the preceding year, as set by an Annual General Meeting. Allowances will only be paid with respect to the current calendar year. The purpose of the allowance is to enable constituent bodies to defray the normal cost of conducting their business.

Resolutions Sub-Committee Comments :

The Retired Members Guild had 2793 members as of December 31, 2014. They received $28,930 in annual allowance in 2015.

Retired members are also part of Groups, Sub Groups and Regions. Therefore, under the Groups Method of calculating, Groups, Sub-Groups and Regions would receive three (3) times the Retired Members Guild annual amount

Total incremental cost would be $86,790

B-14 BY-LAW 10 – GROUPS, SUB-GROUPS, ADVISORY COUNCIL AND RETIRED MEMBERS GUILD

Disposition

Carried

10.4.1 Composition The Advisory Council shall consist of representatives of all Groups Presidents, Treasury Board National Departmental Consultation Teams Presidents and Consultation Teams Presidents from employers with multiple PIPSC bargaining groups. Normally, the appointed representative is the Group or national Consultation Team President. Each Group and consultation team shall have only one (1) vote.

10.4.1.1 Alternates A Group or President or Treasury Board National Departmental Consultation Team appointed representative President may designate an alternate for the purpose of attending Advisory Council Meetings in the absence of the representative. The alternate must be from the Group Executive or Consultation Team whose representative President is unable to attend a these meetings The alternate shall have the right to vote at thatese meeting; however, there shall be no more than one (1) vote per Group or Team. A a member shall not represent both a Group and a Treasury Board National Departmental Consultation Team when separate representatives are justified.

10.4.2 Mandate The Advisory Council is charged with the responsibility of dealing with matters referred to it by the Board, the Executive Committee, Group Executives, and Consultation Teams, or a general meeting of the Institute. It shall serve as a forum for an exchange of ideas and information among Groups Presidents and Treasury Board Departmental and Consultation Teams Presidents and Consultation Team Presidents from employers with multiple bargaining groups. Some of the prime functions shall be information sharing on collective bargaining issues, professional concerns, and national consultation, and policies under consideration. In addition, the Advisory Council shall review PIPSC Annual Priorities and make recommendations to the Board of Directors prior to the second Board of Directors meeting of the calendar year.

10.4.3 Steering Committee The Advisory Council shall have a Steering Committee comprising the Chair, a the Vice-Chair, the AC Director, one (1) representative from each of the three (3) categories of employers elected from amongst Group and Consultation team representatives employed by each category of employers: one (1) from Treasury Board; Groups/Departmental Consultation Teams elected from amongst those representatives, one (1) representative from Federal Government Agencies other than the Treasury Board the Public Service Labour Relations Act (PSLRA) (Schedule I, Part II); Groups elected from amongst those representatives and one (1) representative from the separate employers. Groups elected from amongst those representatives.

10.4.3.1 Steering Committee Duties The Steering Committee shall be responsible for arranging the agenda and meetings of the Advisory Council, setting goals for the AC, sponsoring Sector Councils brought forward at the AC and making recommendations on those submissions to the Executive Committee via the Finance Committee. (AGM 2006)

(NEW) 10.4.3.2 The Chair calls and presides the Advisory Council and Steering Committee meetings. The Vice-Chair assists the Chair and assumes the Chair's function in the absence of the Chair.

10.4.4 Elections

10.4.4.1 AC Director Only representatives of the Advisory Council shall be eligible to run for, vote for and hold the position of AC Director. The AC Director shall be elected in even numbered years as provided for in these By-Laws and Regulation 10. The AC Director shall have the right to vote at AC meetings. AGM 2006 (e)

10.4.4.2 AC Steering Committee (Except AC Director) Each year, there shall be an election of Officers of the Advisory Council. The newly-elected Officers shall take office immediately following the meeting at which they were elected. The Chair, the Treasury Board Groups/Treasury Board National Departmental Consultation Teams' representative and the Federal Government Agencies PSLRA (Schedule I, Part II) representative shall normally be elected in even-numbered years. and,t The Vice-Chair and separate employers' Groups' representative shall normally be elected in odd-numbered years.

10.4.4.3 Notice of the election shall be included with the agenda for the meeting at which the election takes place. Nomination for election is not contingent upon attendance at the meeting, but candidates must indicate, in writing, a willingness to stand for election. AGM 2006 (e)

10.4.4.4 The election shall be conducted by a member of the Advisory Council who is not a candidate in the election. The election shall be by secret ballot. The candidate who receives the plurality of legal votes shall be deemed elected. Following completion of the election, the ballots shall be destroyed. AGM 2006 (e)

10.4.4.5 Vacancy - AC Steering Committee If a position, other than the position of the Chair or the AC Director, becomes vacant during the term of office, the remaining members of the AC Steering Committee shall act to fill the vacancy until the expiry of the original term of office. If the position of the Chair becomes vacant, it shall be filled by the Vice-Chair. If the position of AC Director becomes vacant, it shall be filled as provided for in these By-Laws.

10.4.5 Reports The AC Director shall, after each Advisory Council and after each AC Steering Committee meeting, submit a report to the Board in a timely manner. The AC Director shall, after each Board of Directors' meeting, submit a written report to the AC Steering Committee and all members of the AC in a timely manner. AGM 2006 (e)

10.4.6 Sector Council The Advisory Council (AC) Steering Committee shall oversee and monitor all activities pertaining to Sector Councils and shall, through application of the Policy Statement on Sector Councils, make recommendations both to the AC and the Board on such activity. Responsibilities of the AC Steering Committee shall include:

a) advising the AC on all new Sector Council proposals,

b) making recommendations to the AC for or against the establishment of new Sector Council and on follow-up activity by previously established Sector Councils,

c) seeking a decision from the AC to approve or deny permission for the proposal to proceed to the Board of Directors (BOD) for funding, and

d) providing a recommendation to the BOD regarding Sector Council formation and funding.

Resolutions Sub-Committee Comments :

No comments provided.