2.03          Every by-law shall be signed by the Registrar and one of the President or Vice-President and sealed.

 

 

2.04          Every by-law, including any amendment or revocation of a by-law, shall be maintained in a book containing all of the College's by-laws.

 

 

 

3.              NAME

 

3.01          The College shall be known as the College of Chiropodists of Ontario.

 

 

 

4.              SEAL

 

4.01          The seal, an impression of which is impressed in the margin,

shall be the seal of the College.                                                                                        

 

 

4.02          Any person authorized to sign any document on behalf of the College which requires the College seal may affix the seal to it.

 

 

 

5.              HEAD OFFICE

 

5.01          The head office of the College is in the City of Toronto or at such other place as Council may determine from time to time.

 

 

 

6.              QUORUM

 

6.01          Unless specifically provided for otherwise under the Act, the RHPA or this by-law, a majority of councillors constitutes a quorum for any meeting of Council and three  committee members constitutes a quorum for a meeting of a committee.

 

 

6.02          In determining whether a quorum of Council is present, the number of councillors shall be deemed not to be reduced as a result of any vacancy.

 

 

6.03          A committee of the College shall be considered properly constituted despite the presence of a vacancy or vacancies so long as the committee continues to have a quorum.

 

 

6.04          If a quorum is lost prior to the intended commencement of a Council meeting or at any time during a Council meeting the presiding officer/chair may, notwithstanding that there is no quorum, adjourn the meeting and reconvene that meeting if, as, and when a quorum is present, so long as the meeting is reconvened on a day or days previously scheduled for that meeting of Council.

 

 

 

7.              FISCAL YEAR

 

7.01          The fiscal year of the College shall be 01 January to and including 31 December.

 

 

 

8.              MEETINGS OF COUNCIL

 

8.01          Council shall have at least three regular meetings during each calendar year.

 

 

8.02          Council shall determine the date, time and place in Ontario of all regular meetings, however, if Council should fail to indicate the place of the meeting, the meeting shall take place at the head office of the College.

 

 

8.03          Special meetings of Council may be called by

 

i)         the President;

 

ii)        the Executive Committee; or

 

iii)       the Registrar upon receipt of a written request or requests for a meeting signed by at least six councillors and containing the matter or matters for decision at the meeting.

 

 

8.04          Special meetings called by the President shall be held on the date and at the time and place designated by the President;  special meetings called by the Executive Committee shall be held on the date and at the time and place designated by the Executive Committee; and special meetings called by the Registrar shall be held on the date and at the time and place designated by the Registrar.

 

 

8.05          Council may determine to hold a regular meeting by teleconference.

 

 

8.06          Where a special meeting is called by the President, he or she may designate the meeting to be held by teleconference; where a special meeting is called by the Executive Committee, it may designate the meeting to be held by teleconference; and where a special meeting is called by the Registrar, he or she may designate the meeting to be held by teleconference.

 

 

8.07          For the purposes of section 7 of the Code,

 

i)         meetings of Council held by teleconference shall be deemed to be held at the head office of the College unless Council otherwise determines; and

 

ii)        the Registrar shall ensure that notice of the meeting is given to the public by publishing notice on the College’s website and if the Registrar or the Executive Committee consider it necessary or desirable by also publishing notice in a newspaper which is generally circulated throughout Ontario.

 

 

8.08          The Registrar shall give each councillor reasonable notice in writing of the date, time and place of all Council meetings.

 

 

8.09          In the case of a regular meeting, the notice referred to in Article 8.08 shall be sent by ordinary prepaid first class mail, e-mail, courier, facsimile or such other method as is reasonable to provide notice to each councillor at least ten days before the meeting.

 

 

8.10          In the case of a special meeting, the notice referred to in Article 8.08 shall be provided by e-mail, courier, facsimile or such other method as is reasonable to provide notice to each councillor at least three days before the meeting.

 

 

8.11          The Registrar shall include in or with the notification of a special meeting the matters for decision which are to be dealt with at the special meeting.

 

 

8.12          A councillor may, at any time, waive notice of a meeting.

 

 

8.13          Council may consider

 

i)         at a special meeting,

 

a)        the matter or matters for decision at the meeting for which notice was given under Article 8.11;

 

b)       matters brought by the Executive Committee; and

 

c)        routine and procedural matters; and

 

ii)        at a regular meeting,

 

a)        matters contained within the agenda approved by the President or the Executive Committee;

 

b)       matters brought by the President or the Executive Committee;

 

c)        recommendations and reports by committees;

 

d)       motions or matters where notice was given by a councillor at a preceding Council meeting or where written notice has been given by a councillor to the Registrar or the President at least thirty days in advance of the meeting;

 

e)        such other matters, not included in the agenda, that at least two-thirds of the councillors in attendance determine to be of an urgent nature; and

 

f)        routine and procedural matters.

 

 

8.14          The President, or another councillor appointed by the President for the purpose, shall act as the chair and preside over meetings of Council.

 

 

8.15          Where for any reason the President or his or her appointee is unable or unwilling to preside over a meeting of Council, Council shall, by resolution, appoint a councillor or another person to act as the chair and to preside over the meeting.

 

 

8.16          Unless otherwise required by law or by the by-laws, every motion which properly comes before Council shall be decided by a simple majority of the votes cast at the meeting by councillors present.

 

 

8.17          In the event of a tie vote, the motion is defeated.

 

 

8.18          A vote by secret ballot shall be used where the by-laws require it as well as where Council determines by resolution to vote in that manner.

 

 

8.19          Except where a secret ballot is required or at a meeting held by teleconference, every vote at a Council meeting shall be by a show of hands but, if any two councillors so require, a roll call vote shall be taken.

 

 

8.20          A vote at a Council meeting held by teleconference shall be taken in such manner as determined by the chair unless a councillor requests a roll call vote in which event a roll call vote shall be taken.

 

 

8.21          In taking a vote, other than one conducted by secret ballot, the chair may first determine those councillors in favour, opposed, and abstaining after which the chair may cast his or her vote.

 

 

8.22          The chair is not required to vote whether or not that vote would affect the outcome.

 

 

8.23          Except where inconsistent with the RHPA, the Act, the Regulations or the by-laws of the College, the procedures as set out in The Standard Code of Parliamentary Procedure by Sturgis shall be the procedures to be followed for meetings of Council.

 

 

8.24          Minutes of a meeting of Council shall

 

i)         be taken and include a record of all motions, recommendations and decisions;

 

ii)        be circulated to all councillors;

 

iii)       be approved at a subsequent meeting of Council; and

 

iv)       once approved, be signed by the chair or by the person presiding as chair at the meeting at which the minutes were approved, and promptly thereafter provided to the Registrar.

 

 

8.25          A resolution, including a by-law, signed by all councillors is as valid and effective as if passed at a meeting of Council called, constituted and held for that purpose and shall be effective on the date the last councillor signed the resolution.

 

 

8.26          A resolution referred to in Article 8.25 may be signed in counterparts.

 

 

 

9.              OFFICERS

 

9.01          The officers of the College shall be the President, the Vice-President and the Registrar as well as such other officers as Council shall determine from time to time.

 

 

 

10.            ELECTION AND REMOVAL OF PRESIDENT, VICE-PRESIDENT AND OTHER OFFICERS

 

10.01        At the First Council Meeting each year, Council shall elect by secret ballot from among councillors eligible for election the President and the Vice-President, in accordance with this by-law and the “Process for Election of Council Officers” as set out in Schedule 1.

 

 

10.02        Unless otherwise provided in this by-law, the term of office of the President and Vice-President shall commence immediately following the election and continue until the next election for the offices of President and Vice-President.

 

 

10.03        In the event that the President ceases to be a member of Council, the position of President automatically becomes vacant and in the event the Vice-President ceases to be a member of Council, the position of Vice-President automatically becomes vacant.

 

 

10.04        The President or the Vice-President may be removed from office by a vote of at least two-thirds of the councillors present at a Council meeting duly held for that purpose.

 

 

10.05        Any other officer may be removed from office by a majority vote of Council at a Council meeting duly held for that purpose.

 

 

10.06        In the event that the President or Vice-President is removed from office, Council shall elect a new President or Vice-President to hold office for the remainder of the term.

 

 

10.07        In the event that the President or Vice-President resigns or dies or the position of President or Vice-President becomes vacant for any other reason, Council shall elect a new President or Vice-President to hold office for the remainder of the term.

 

 

10.08        The removal from office of an officer who is also an employee of the College shall not of itself constitute termination of employment.

 

 

 

11.            PRESIDENT

 

11.01        The President shall,

 

i)         if present, preside as chair at all meetings of Council unless the President designates an alternate chair for all or any portion of the meeting;

 

ii)        be the chair of the Executive Committee;

 

                 iii)       perform all duties and responsibilities pertaining to his or her office and such other duties and responsibilities as may be decided by Council; and

 

iv)       unless otherwise provided by by-law or determined by Council, be an ex officio member of all standing and ad hoc committees of the College with the right to vote.

 

 

11.02        In the event that the President is unable to perform the duties of the President, he or she may designate the Vice-President to perform those duties and the Vice-President shall then have all the powers and responsibilities of the President until the first of the following events occurs:

 

i)         the President determines that he or she is again able to perform the duties of President;

 

ii)        the next meeting of the Executive Committee; or

 

iii)       the next meeting of Council.

 

 

11.03        In the event that the President has appointed a designate in accordance with Article 11.02 and the Executive Committee approves the President’s designate or no meeting of the Executive Committee is convened prior to the next meeting of Council, the Vice-President shall have all  the powers and responsibilities of the President until the next meeting of Council, at which meeting Council shall either appoint an Acting President to serve until the President becomes able to perform the duties of the President or remove the President from office and elect a new President in accordance with Articles 10.04 and 10.06.

 

 

11.04        In the event that the President is unable to perform the duties of the President and has not appointed a designate in accordance with Article 11.02 or in the event that the Executive Committee meets prior to the next meeting of Council but refuses to approve the President's designate, the Executive Committee shall appoint a councillor as Acting President and he or she shall have all the powers and responsibilities of the President until the first of the following events occurs:

 

i)         the President determines that he or she is again able to perform the duties of President;

 

ii)        the next meeting of Council, at which meeting Council shall either appoint an Acting President to serve until the President becomes able to perform the duties of the President or remove the President from office and elect a new President in accordance with Articles 10.04 and 10.06.

 

12.            REGISTRAR

 

12.01        The Registrar shall be appointed by Council and shall be the chief administrative officer of the College.

 

 

12.02        The terms of employment of a Registrar hired after this Article comes into force shall be set out in a written employment contract approved by the Executive Committee and shall be consistent with the College personnel policy in effect at the time such contract is approved.

 

 

12.03        No candidate for the position of Registrar shall be offered a contract of employment until that candidate has been approved by Council.

 

 

12.04        Despite subsection 12(1) of the Code, the Executive Committee shall not exercise the authority of Council under Article 12.01.

 

 

12.05        The Registrar shall perform those duties and responsibilities set out in the RHPA, the Act, the Regulations and the by-laws of the College as well as such duties and responsibilities as shall be assigned to the position by Council.

 

 

12.06        In addition to the duties referred to in Article 12.05, the Registrar may, from time to time,

 

i)         sign summonses, notices and orders on behalf of the College or any committee of the College;

 

ii)        hire persons to act in the capacity of inspectors, investigators and/or assessors of the College to perform such duties as may be determined by the Registrar;

 

iii)       manage and maintain the College property including disposing of College furniture and equipment which becomes obsolete, worn out or is no longer required by the College; and

 

iv)       perform such other functions consistent with the Registrar’s role as chief administrative officer.

 

 

 

13.            ACTING REGISTRAR

 

13.01        If a vacancy occurs in the office of the Registrar, the Executive Committee or Council shall appoint an Acting Registrar. 

 

 

13.02        During extended absences, the Registrar shall appoint in writing a person approved by the Executive Committee as the Acting Registrar.

 

 

13.03        Where the Executive Committee appoints or approves an Acting Registrar, that appointment shall be valid only until the next meeting of Council unless ratified by  Council.

 

 

13.04        A person appointed as Acting Registrar under Article 13.01 or Article 13.02 shall have all the authority, duties and responsibilities of the Registrar including those contained in the RHPA, the Act, the Regulations and by-laws of the College.

 

 

 

14.            COMMITTEES

 

14.01        In addition to statutory committees, Council may establish by by-law standing committees and may from time to time establish by resolution ad hoc committees.

 

 

 

14.02        Council shall determine by by-law the composition and terms of reference of any standing committee and by resolution the composition and terms of reference of any ad hoc committee.

 

 

14.03        The authority of each committee of the College shall be determined by Council and shall be deemed to include the authority and responsibility vested in the committee by the RHPA given to the committee under the by-laws of the College or assigned to the committee from time to time by Council.

 

 

14.04        Where Council delegates to a committee any power or authority not specifically provided to that committee under the RHPA or the by-laws of the College, the exercise of such power or authority by such committee, unless expressly provided by Council, is subject to the approval of Council.

 

 

14.05        Save and except for the filling of vacancies, Council shall appoint the committee members to each committee as well as a chair of each committee giving due consideration to the recommendations, if any, of the Executive Committee acting as a nominating committee

 

 

14.06        Save and except for the filling of vacancies, appointments to statutory and standing committees as well as ad hoc committees whose terms of reference have yet to be completed shall take place at the First Council Meeting.

 

 

 

15.            STATUTORY COMMITTEES

 

15.01        The statutory committees of the College are the Executive Committee, Registration Committee, Complaints Committee, Discipline Committee, Fitness to Practise Committee, Quality Assurance Committee and the Patient Relations Committee as well as any other committees required under the RHPA.

 

 

 

16.            EXECUTIVE COMMITTEE

 

16.01        The Executive Committee shall be composed of five councillors and shall include:

i)	the President;
ii)	the Vice-President;
iii)	at least one chiropodist councillor;
iv)	at least one podiatrist councillor; and
v)	at least two public councillors (amended June 4, 2010)

 

 

16.02        Two members of the Executive Committee shall be public councillors.

 

 

16.03        In addition to the duties provided to the Executive Committee under the RHPA and by-laws of the College, the Executive Committee shall act in an advisory capacity to Council on the financial affairs of the College and without limiting the generality of the foregoing shall

 

i)         review interim financial statements;

 

ii)        review draft audit reports;

 

iii)       oversee the implementation of audit recommendations;

 

iv)       oversee the preparation of budgets for each committee of the College;

v)        oversee the reserves of the College; and

 

vi)       report at least annually to Council on the financial affairs of the College.

 

 

 

17.            REGISTRATION COMMITTEE

 

17.01        The Registration Committee shall be composed of

 

i)         at least two elected or selected councillors; and  

 

ii)        at least one public councillor.

 

 

 

18.             INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE

 

18.01        The Inquiries, Complaints and Reports Committee shall be composed of

 

i)         at least  three elected or selected councillors;

 

ii)        at least two public councillors; and

 

iii)       at least one non-council committee member.

 

 

 

19.            DISCIPLINE COMMITTEE

 

19.01        The Discipline Committee shall be composed of

 

i)         at least two elected or selected councillors;

 

ii)        at least three public councillors; and

 

iii)       at least one non-council committee member.

 

 

 

20.            FITNESS TO PRACTISE COMMITTEE

 

20.01        The Fitness to Practise Committee shall be composed of

i)         at least one elected or selected councillor;

 

ii)        at least one public councillor; and

 

iii)       at least one non-council committee member.

 

 

 

21.            QUALITY ASSURANCE COMMITTEE

 

21.01        The Quality Assurance Committee shall be composed of

 

i)         at least one elected or selected councillor;

 

ii)        at least one public councillor; and

 

iii)       at least one non-council committee member.

 

 

 

22.            PATIENT RELATIONS COMMITTEE

 

22.01        The Patient Relations Committee shall be composed of

 

i)         at least one elected or selected councillor;

 

ii)        at least two public councillors; and

 

iii)       at least one non-council committee member.

 

 

 

23.            STANDING COMMITTEES

 

ELECTIONS COMMITTEE

 

23.01        The Elections Committee shall be a standing committee of the College composed of at least three public councillors.

 

 

23.02        The President shall not be an ex-officio member of the Elections Committee.

 

 

23.03        The Elections Committee's responsibilities include, but are not limited to,

 

i)         dealing with disputes relating to election of elected councillors and other matters provided in the by-laws;

 

ii)        dealing with such other disputes or issues referred to it by Council or the Executive Committee; and

 

iii)       studying and making recommendations to Council on improving the election process.

 

 

24.            APPOINTMENTS TO COMMITTEES

 

24.01        At the First Council Meeting following the election of Council officers and the other members of the Executive Committee, Council will recess.

 

 

24.02        During the recess, the Executive Committee acting as a nominating committee shall meet and develop a slate of candidates and a recommendation for a chair for

 

                 i)         each statutory committee;

 

                 ii)        each standing committee;

 

iii)       each ad hoc committee whose terms of reference have yet to be completed; and

 

iv)       other committees which Council has directed be composed at that meeting 

 

for consideration of Council. The Executive Committee shall have regard for the composition requirements of each committee and follow any protocol approved by Council.

 

 

24.03        Upon Council reconvening, the Executive Committee will present the slate of candidates for committees and its recommendations for chairs to Council for its consideration and, subject to any amendment by Council, ratification.

 

 

24.04        Once ratified, each person on the slate of candidates for committees shall be deemed to have been appointed to that committee by Council and the chair shall be deemed to be the chair of that committee.

 

 

24.05        Unless specifically provided otherwise, any eligible person may be re-appointed to a committee.

 

 

24.06        Where for any reason Council fails to appoint a new committee at the time or times provided for in this by-law, the existing members of the committee shall continue to serve as the committee and the chair as its chair, provided that a quorum exists.

 

 

 

25.            COMMITTEE AND PANEL CHAIRS

 

25.01        A chair of a committee other than the Executive Committee shall be removed as chair on receipt by the Executive Committee of a requisition signed by a majority of the members of the committee or by a vote of a majority of the members of the committee present at a meeting duly called for that purpose.

 

 

25.02        Where a chair is removed by the vote of a committee, the committee shall elect a new interim chair by secret ballot, who shall serve as chair until a chair is appointed under Article 25.03.

 

 

25.03        Where a chair is removed under Article 25.01 or where the position of chair becomes vacant for any other reason, the Executive Committee shall appoint a chair. 

 

 

25.04        For greater clarity, where an interim chair has been appointed under Article 25.02, the Executive Committee may appoint the interim chair as the chair.

 

 

25.05        Articles 25.01 and 25.02 also apply to a chair appointed under Article 25.03.

 

 

25.06        Where a chair of a committee selects a panel which does not include the chair, the chair shall designate a panel chair from among the panel members or failing that, the panel shall select a panel chair from among its panel members.

 

 

25.07        Where a panel includes the chair of a committee, the chair shall chair the panel unless the chair designates another panel chair from among the panel members.

 

 

26.            COMMITTEE VACANCIES

 

26.01        Where one or more vacancies occur in the membership of a committee, the committee members constitute the committee until such time as the vacancy shall be filled, so long as the committee continues to have a quorum.

 

 

26.02        Where a vacancy occurs in respect of the membership of a committee other than the Executive Committee, the Executive Committee may, and if necessary for such committee to achieve its quorum shall, appoint a person(s) to fill any vacancy in the membership of such committee.

 

 

26.03        Where the vacancy to be filled was the chair of a committee, the Executive Committee shall also appoint a chair for that committee.

 

 

26.04        A member of a committee appointed by the Executive Committee in accordance with Article 26.02 or a chair of a committee appointed by the Executive Committee in accordance with Article 25.03 or Article 26.03 is subject to confirmation by Council but continues to be a member of the committee or the chair of that committee until confirmed or replaced by Council.

 

 

26.05        Should Council determine not to confirm the Executive Committee's appointment made under Article 26.02, it shall appoint another person in replacement of the member so appointed by the Executive Committee.

 

 

26.06        Should Council determine not to confirm the Executive Committee’s appointment of a chair under Article 26.03 it shall appoint another person as chair in replacement of the chair so appointed by the Executive Committee.

 

 

26.07        A member of a committee who is a councillor may be removed from the committee for any reason by a vote of at least two-thirds of the councillors present at a meeting of Council.

 

 

26.08        A member of a committee who is not a councillor may be removed from the committee for any reason by resolution of Council.

 

26.09        Article 26.08 applies equally to a committee member who is neither a councillor nor a non-council committee member.

 

 

26.10        The authority of Article 26.07 and Article 26.08 is in addition to Council’s authority to disqualify a councillor or a non-council committee member in accordance with this by-law.

 

 

 

27.            COMMITTEE MEETINGS

 

27.01        In this Article “meeting” does not include a hearing pursuant to the Code

 

 

27.02        Committee meetings may be held in person or, at the direction of the chair, by teleconference.

 

 

27.03        Each committee shall meet at the call of its chair on the date and time designated by the chair and at such intervals as are necessary to perform the responsibilities of that committee.

 

 

27.04        Except for meetings held by teleconference, all meetings shall be held at the head office of the College or such other location approved by the Registrar.

 

 

27.05        Reasonable efforts shall be made to notify all of the committee members of every meeting and to arrange meeting dates and times which are convenient to the committee members.

 

 

27.06        The chair or his or her appointee for the purpose shall preside over meetings of the committee.

 

 

27.07        Except as otherwise provided in the by-laws, every motion which comes before a committee shall be decided by a majority vote cast at the meeting including that of the chair and in the case of a tie vote the motion is defeated.

 

 

27.08        A vote at a committee meeting held by teleconference shall be taken in such manner as determined by the chair unless a committee member requests a roll call vote in which event a roll call vote shall be taken.

 

 

27.09        In taking a vote, other than one conducted by secret ballot, the chair may first determine those committee members in favour, opposed, and abstaining after which the chair may cast his or her vote.

 

 

27.10        The chair is not required to vote whether or not that vote would affect the outcome.

 

 

27.11        Minutes of a committee meeting shall

 

i)         be taken and include a record of all motions, recommendations and decisions;

 

ii)        be circulated to all committee members;

 

iii)       be approved at a subsequent committee meeting; and

 

iv)       once approved, be signed by the chair or by the person presiding as chair at the meeting at which the minutes were approved and promptly thereafter be provided to the Registrar.

 

 

27.12        The chair of the committee shall sign all records, reports or other forms related to the committee's activities.

 

 

 

28.            BOARD OF INQUIRY

 

28.01        When the Executive Committee appoints a Board of Inquiry it shall appoint one of the members of the Board to serve as chair.

 

 

28.02        Meetings of the Board of Inquiry may be held in person or, at the direction of the chair, by teleconference

 

 

28.03        Minutes of a Board of Inquiry shall be taken and include a record of all motions, recommendations and decisions.

 

28.04        Minutes shall be circulated to all members of the Board which held the inquiry.

 

 

28.05        The chair of the Board of Inquiry shall sign all minutes, records or other forms related to the Board's activities.

 

 

 

29.            INDEMNITY FOR COUNCILLORS, OFFICERS AND OTHERS

 

29.01        Every councillor, every committee member, every officer, and every employee of the College, including any assessor, monitor or inspector, and each of his or her heirs, executors, administrators and other personal representatives shall at all times be indemnified and saved harmless out of the funds of the College from and against any liability including reasonable costs, charges and expenses whatsoever which such person reasonably sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted against him or her as a result of the execution or intended execution of the duties of his or her office or employment save and except any liability or costs, charges or expenses that are occasioned by his or her own willful neglect or default or because he or she failed to act in good faith.

 

 

30.            INSURANCE

 

30.01        The Registrar shall ensure that the College maintains insurance coverage to protect the property and assets of the College in such form as may be determined from time to time and, without limiting the generality of the foregoing, shall, to the extent reasonably practical, maintain indemnity insurance to provide coverage for the indemnity referred to in Article 29.01.

 

 

31.            BANKING

 

31.01        In this Article “bank” means the bank appointed under Article 31.02.

 

31.02        Council shall appoint one or more banks chartered under the Bank Act, Canada for the use of the College, provided that the bank has been approved by Council.

 

 

31.03        All money belonging to the College shall be deposited in the name of the College with the bank.

 

 

31.04        The Registrar may endorse any negotiable instrument for collection on account of the College through the bank or for deposit to the credit of the College with the bank, if required for that purpose. The College’s rubber stamp may be used for such endorsement.

 

 

31.05        Securities and other financial documents will be held for safekeeping in the name of the College in the bank or in an account with a brokerage house approved by Council.

 

 

 

32.            INVESTMENTS

 

32.01        The Registrar shall invest College funds that are not expected to be required during the following sixty days in investments authorized by this by-law.

 

 

32.02        College funds may be invested in

 

                 i)         securities issued or guaranteed by any one or more of the following:

 

1.        the Government of Canada

 

2.        the Government of any province of Canada

 

3.        the Canadian Imperial Bank of Commerce, Canadian Western Bank, Bank of Montreal, Laurentian Bank of Canada, National Bank, Royal Bank, ScotiaBank or TD Canada Trust or such other bank approved by  Council;  and

 

                 ii)        other investments approved by Council. 

 

 

 

33.            EXPENDITURES

 

33.01        Council shall annually approve

 

i)         an operating expense and revenue budget for each fiscal year; and

 

ii)        a capital budget for each fiscal year.

 

 

33.02        The Registrar may authorize all budgeted expenditures provided that the expenditure would not cause the total of the annual operating expense budget or the total of the annual capital budget to be exceeded.

 

 

33.03        The Registrar may also authorize expenditures that were not contemplated by the operating expense or capital budgets or that exceed the amounts set out in those budgets for any item of expense, provided that the Registrar is satisfied that

 

                 i)         the contemplated expenditures would not compromise Council's annual objectives; and

 

                 ii)        neither the operating expense nor capital budget for the fiscal year will be exceeded.

 

 

33.04        Where the Registrar authorizes an expenditure under Article 33.03, the Registrar shall report that action to the Executive Committee at its next meeting.

 

 

33.05        The Executive Committee may authorize the Registrar to make expenditures where it is anticipated that the operating expense or capital budgets for the fiscal year will be exceeded, provided that the Executive Committee is satisfied that the contemplated expenditure would not compromise Council's annual objectives.

 

 

33.06        Where the Registrar authorizes an expenditure under Article 33.03 or where the Executive Committee authorizes an expenditure under Article 33.05, a report of that action shall be made to Council at its next meeting. 

 

 

33.07        Unless otherwise authorized by Council or the Executive Committee, no contract or commitment for expenditure for goods and services, excluding employment contracts, of $25,000 or more shall be entered into by the College unless and until at least three competitive bids have been obtained and the contract or commitment for expenditure is approved by Council.

 

 

 

34.            BORROWING

 

34.01        Council may, from time to time,

 

i)         borrow money upon the credit of the College;

 

ii)        limit or increase the amount or amounts which may be borrowed;

 

iii)       issue, sell or pledge debt obligations of the College including without limitation bonds, debentures, notes or similar obligations of the College, whether secured or unsecured; and

 

iv)       charge, mortgage, hypothecate or pledge all or any of the real or personal property of the College, currently owned or subsequently acquired, to secure any such debt or obligations or any money borrowed, or debt or liability of the College.

 

 

34.02        Council may authorize one or more officers or councillors as may be determined by Council to exercise the powers conferred in Article 34.01 in such manner as Council shall determine.

 

 

 

35.            CHEQUES

 

35.01        Cheques and other forms of payments requiring the signature of the College shall be signed by the Registrar and one of the President or Vice-President unless the amount is less than $5,000.00 in which case the signature of the Registrar alone shall be sufficient. 

 

 

36.            CONTRACTS AND OTHER DOCUMENTS

 

36.01        Subject to Article 36.02, contracts, documents or instructions in writing requiring the signature of the College shall be signed by

 

i)         any one of the President, Vice-President or Registrar provided the total expenditure under the contract is reasonably expected not to exceed $5,000; and

 

ii)        any two of the President, Vice-President or Registrar where the total expenditure under the contract is reasonably expected to exceed $5,000.

 

 

36.02        Council may from time to time by resolution authorize a person or persons on behalf of the College either to sign contracts, documents or instruments in writing generally or to sign specific contracts, documents or instruments in writing.

 

 

 

37.            GRANTS

 

37.01        Council may by a  vote of at least two-thirds of the councillors present at a meeting duly called for that purpose make grants to third parties

 

i)         to advance the scientific knowledge or the education of persons wishing to practise the profession;

 

ii)        to maintain or improve the standards of practice of the profession; or

 

iii)       to provide public information about, and encourage interest in, the past and present role of the profession in society.

 

 

 

 

 

38.            MEMBERSHIP IN NATIONAL ORGANIZATIONS

 

38.01        Council may by a vote of at least two-thirds of the councillors present at a meeting duly called for that purpose authorize the College to obtain membership in a national organization of a body with similar function to that of the College and to pay annual assessments in relation to that membership.

 

 

38.02        Where Council authorizes membership under Article 38.01, it shall, if necessary, determine how the College will be represented on that national organization.

 

 

 

39.            CERTIFICATES OF REGISTRATION

 

39.01        Certificates of registration shall bear the signatures of the Registrar and President or a likeness thereof.

 

 

 

40.            FINANCIAL AUDIT

 

40.01        Council shall annually appoint auditors to audit the accounts of the College and to hold office for the ensuing year.

 

 

40.02        Financial statements for the College shall be prepared promptly at the close of each fiscal year and audited financial statements shall be presented annually to Council.

 

 

40.03        In the event that the auditors are unable to continue their duties as agreed or in the event that Council is dissatisfied with the auditors, Council may appoint new auditors.

 

 

40.04        The auditors shall have a right of access at all reasonable times to all records, documents, books, accounts and vouchers of the College and are entitled to require from the councillors, officers and employees such information as is necessary in their opinion to enable them to report as required by law or under this by-law.

 

 

40.05        The auditors may be invited by the President or the Registrar to attend the meeting at which the audited financial statements are presented to Council.

 

 

 

41.            STIPENDS AND EXPENSES

 

41.01        Council officers who are not public councillors, elected and selected councillors, and non-council committee members shall be paid a stipend and shall be reimbursed by the College for travelling and other expenses reasonably incurred in relation to the performance of their duties in accordance with the stipend and expense policy as approved from time to time by Council.

 

41.02        Persons who are neither councillors nor non-council committee members and who provide voluntary services to the College may be paid a stipend and be reimbursed by the College for travelling and other expenses reasonably incurred in relation to the performance of their duties but only if a stipend and expense policy has been approved by Council and in such case, the payment shall be made in accordance with the stipend and expense policy as approved from time to time by Council.

 

 

 

42.            REGISTER

 

42.01        Subject to Article 42.03 a member's name in the register of the College shall be the member's name as provided in the documentary evidence used to support the member's initial registration and shall be consistent with the name used by the member on his or her degree or diploma which was the basis for his or her application for a certificate of registration.

 

42.02        The Registrar shall direct that a name other than as provided in Article 42.02 be entered in the register of the College if such a request is made by the member and the Registrar is satisfied that

 

i)         the member has validly changed his or her name; and

 

ii)        the use of the name is not for an improper purpose.

 

42.03        Unless otherwise approved by the Registrar, a member's business address in the register of the College shall be the location in Ontario where the member principally engages in the practice of chiropody.

 

42.04        A member's business telephone number in the register of the College shall be the telephone number of the location referred to in Article 42.03.

 

42.05        Under subsection 23(2) of the Code and subject to certain exceptions contained in the Code, certain information must be contained in the College's register. As of June 4, 2009, the register is required to contain the following:

           

                 1.         Each member’s name, business address and business telephone number, and, if applicable, the name of every health profession corporation of which the member is a shareholder.

 

                 2.         The name, business address and business telephone number of every health profession corporation.

 

                 3.         The names of the shareholders of each health profession corporation who are members of the College.

 

                 4.         Each member’s class of registration and specialist status.

 

                 5.         The terms, conditions and limitations that are in effect on each certificate of registration.

 

                 6.         A notation of every matter that has been referred by the Inquiries, Complaints and Reports Committee to the Discipline Committee under section 26 of the Code and has not been finally resolved, until the matter has been resolved.

 

                 7.         The result, including a synopsis of the decision, of every disciplinary and incapacity proceeding, unless a panel of the relevant committee makes no finding with regard to the proceeding.

 

                 8.         A notation of every finding of professional negligence or malpractice, which may or may not relate to the member’s suitability to practise, made against the member, unless the finding is reversed on appeal.

 

                 9.         A notation of every revocation or suspension of a certificate of registration.

 

                 10.       A notation of every revocation or suspension of a certificate of authorization.

 

                 11.       Information that a panel of the Registration, Discipline or Fitness to Practise Committee specifies shall be included.

 

                 12.       Where findings of the Discipline Committee are appealed, a notation that they are under appeal, until the appeal is finally disposed of.

 

                 13.       Where, during or as a result of a proceeding under section 25 of the Code, a member has resigned and agreed never to practise again in Ontario, a notation of the resignation and agreement.

 

                 14.       Information that is required to be kept in the register in accordance with the by-laws. 

 

42.06          In accordance with the authorization provided by paragraph 14 of subsection 23(2) of the Code and subject to Article 41.07, the following additional information shall be kept in the register of the College:

 

1.         Any change to each member’s name which has been made in the register of the College since he or she first became registered with the College.

 

2.         Each member’s certificate of registration number.

 

3.         The classes of certificate of registration held by each member and the date on which each was issued.

 

                 4.         A list of the languages in which each member is capable of working.

 

5.         The date on which each certificate of authorization was issued by the College.

 

6.         Where a certificate of authorization is revised, a notation of the effective date of the revision.

 

7.         Where a member is engaged in the practice of chiropody in Ontario, the name and address of the person or business for whom or through which the member primarily engages in the practice of chiropody in Ontario.

 

8.         Where a member resigned, the date upon which the resignation took effect.

 

9.         Where the College is satisfied based upon reliable information that a person ceased to be a member as a result of his or her death, a notation to that effect and the date upon which the person ceased to be a member if that date is known to the College.

                           

10.       Where a member has any terms, conditions or limitations in effect on his or her certificate of registration, the effective date of those terms, conditions and limitations and where applicable, the committee responsible for the imposition of those terms, conditions and limitations.

 

11.       Where a member has terms, conditions or limitations on his or her certificate of registration varied, the effective date of the variance of those terms, conditions and limitations and where applicable, the committee responsible for the variance of those terms, conditions and limitations.

 

11.1     Where a member is not authorized to inject a substance, a notation to that effect.

 

11.2     Where a member is not authorized to prescribe any drugs, a notation to that affect.

 

12.       Where a member's certificate of registration is reinstated, the effective date of the reinstatement and where reinstated by a panel of the Discipline or Fitness to Practise Committee, the name of the committee responsible for the reinstatement.

 

13.       Where a suspension on a member's certificate of registration is lifted or otherwise removed, the effective date of the lifting or removal of that suspension and where applicable, the committee responsible for the lifting or removal of the suspension.

 

14.       Where a certificate of authorization is revoked, suspended, cancelled or otherwise terminated, a notation of the effective date of the revocation, suspension, cancellation or other termination.

 

15.       Where a member's certificate of registration is revoked, suspended, cancelled, expired or otherwise terminated, a notation of that fact and the effective date and the basis of the revocation, suspension, cancellation, expiry or other termination which shall include but not be limited to circumstances where

 

                            a)       a member's certificate of registration is subject to an interim order of the Executive Committee or the Inquiries, Complaints and Reports Committee;

 

                            b)      a member's certificate of registration is suspended for non-payment of the annual fee or any fee required by the College; or

 

                            c)       a member's certificate of registration is suspended for failure to submit to a physical or mental examination as ordered by a Board of Inquiry or the Inquiries, Complaints and Reports Committee.

 

16.       Where an allegation of professional misconduct or incompetence has been referred to the Discipline Committee in respect of the member and is outstanding,

 

         a)       the date of the referral;

 

b)      a brief summary of each specified allegation;

 

c)       the date of the hearing if the hearing date has been set; and

 

d)      the next scheduled date for the continuation of the hearing if the hearing was adjourned to a specific date or if the hearing was adjourned without a specific date, a notation to that effect.

 

17.       Where the question of the member’s capacity has been referred to the Fitness to Practise Committee and not yet decided,

 

a)       a notation of that fact; and

                  

                            b)      the date of the referral.

 

18.       Where the results of a disciplinary proceeding are contained in the College's register, the date on which the panel of the Discipline Committee made the finding of professional misconduct or incompetence and the date on which the panel ordered any penalty.

 

19.       Where a decision of the Discipline Committee has been published by the College with the member’s name included in any medium,

 

a)       a notation of that fact; and

 

b)      identification of the specific publication of the College which contains that information.

 

20.       Where the result of an incapacity proceeding is contained in the College's register, the date on which the panel made the finding of incapacity and the effective date of any order made by the panel.

 

21.       Where a finding of professional negligence or malpractice is contained in the College's register, the information provided by the member who was the subject of the finding including

 

                            a)       the notice of and a description of the finding;

 

                            b)      the date the finding was made against the member;

 

                            c)       the name and location of the court that made the finding against the member; and

 

                         d)      the status of any appeal respecting the finding made against the member.

 

22.       Any information the College and the member have agreed should be included in the register.

 

23.       Any information the College and a health profession corporation to which the College has issued a certificate of authorization have agreed should be included in the register.

 

 

42.07        A note required under paragraph 17 of Article 42.06 shall not include any detailed information about the subject matter of the proceeding or referral.

 

 

 

42.08        All of the information referred to in Articles 42.05 and 42.06 is information designated to be withheld from the public pursuant to subsection 23(6) of the Code such that the Registrar may refuse to disclose to an individual or post on the College's website any or all of that information if the Registrar has reasonable grounds to believe that disclosure of that information may jeopardize the safety of an individual.

 

                 Letter of Standing

.

42.09        Upon request by any person, the Registrar shall issue a letter of standing in respect of any member.

 

42.10        A letter of standing shall set out all the information in respect of the member contained in the register that is available to the public under Article 42 or under subsection 23(3) of the Code.

 

42.11        A person who requests a letter of standing shall pay a fee set by the Registrar but not to exceed $25.00.

 

 

 

 

 

43.            PROFESSIONAL LIABILITY INSURANCE

 

43.01        A member shall not practise unless the member provides the College with satisfactory evidence of

 

i)         professional liability insurance coverage of at least $2,000,000; or

 

ii)        coverage of at least $2,000,000 under a liability insurance policy carried by the member’s employer.

 

44.            INFORMATION FROM MEMBERS

 

44.01        The College shall forward to its members each year a request for information, in a form approved by the Registrar.

 

 

44.02        Each member shall accurately complete and return such form providing such information as may be requested including but not limited to

 

                 i)          his or her home address and home telephone number being the address and telephone number of the principal Ontario residence of the member or if the member does not have a residence in Ontario, the member's principal residence and, where available, the member's e-mail address, cell phone number and facsimile number;

 

                 ii)         where a member is engaged in the practice of chiropody, whether inside or outside of Ontario, the name, address and telephone number of each person or business for whom or through which the member engages in the practice of chiropody;

 

                 iii)        information respecting the member's existing professional liability insurance coverage;

 

                 iv)        information respecting the member's participation in the Quality Assurance Program;

 

                 v)         information required to be contained in the College's register pursuant to the by-laws, the RHPA, the Act, or the regulations under the RHPA or the Act;

 

                 vi)        information required to be provided to the College pursuant to the by-laws, the RHPA, the Act, or the regulations under the RHPA or the Act.

 

                 vii)       information that relates to the professional characteristics and activities of the member that may assist the College in carrying out its objects; and

 

                 viii)       information for the purposes of compiling statistical information to assist the College in fulfilling its objects.

 

 

44.03          The form required by this Article shall be fully completed by the member and returned to the College by the 13^th day of February next following the forwarding of the form to the member.

 

 

44.04        Where a member fails for any reason to return a fully completed form, the Registrar shall cause the member to be notified in writing of that failure.

 

 

44.05        Where the Registrar causes written notice to be given to a member in accordance with Article 44.04 and a fully completed form is not provided to the College within thirty days of the date of that notice, the fee required by the by-laws shall immediately be payable by the member.

                

44.06        Where any of the information provided to the College under Article 44.02 has been changed, the member shall notify the Registrar in writing of the change within thirty days of the effective date of the change.

 

44.07        A member shall inform the College in writing of any change of citizenship or immigration status within thirty days of the change occurring.

                

44.08        A member shall, upon written request of the Registrar,

 

                 i)          immediately provide particulars of any information required to be in the College's register pursuant to the by-laws, the RHPA, the Act, or the regulations under the RHPA or the Act;

 

                 ii)         within thirty days, provide particulars of any information which was not information required to be in the College's register but was information that the member was required to provide to the College under the by-laws; and

 

                 iii)        within ten days, confirm the accuracy of any information previously provided to the College by the member and where that information is no longer accurate, provide accurate information.

 

 

 

 

 

45.            ELECTORAL DISTRICTS – INTERPRETATION

 

45.01        The counties, united counties, regional municipalities, municipalities, district municipalities and territorial districts described in Article 46.01 are those that existed as at December 31, 1996 and the geographical territory of each electoral district shall be interpreted to ensure that all parts of Ontario fall into one of the aforementioned counties, united counties, regional municipalities, municipalities, district municipalities and territorial districts described in Article 46.01. 

 

 

 

46.            ELECTORAL DISTRICTS

 

46.01        The following electoral districts are established for the purpose of the election of elected councillors:

 

1.        Electoral district 1 (Toronto) composed of The Municipality of Metropolitan Toronto.

 

2.        Electoral district 2 (South West) composed of the counties of Elgin, Essex, Huron, Kent, Lambton, Middlesex, Oxford and Perth.

 

3.        Electoral district 3 (Central West) composed of the counties of Brant, Bruce, Dufferin, Grey and Wellington and the regional municipalities of Haldimand-Norfolk, Halton, Hamilton-Wentworth, Niagara and Waterloo.

 

4.        Electoral district 4 (East) composed of the counties of Frontenac, Hastings, Lanark, Prince Edward and Renfrew, and the united counties of Leeds and Grenville, Lennox and Addington, Prescott and Russell, Stormont, Dundas and Glengarry, and The Regional Municipality of Ottawa-Carleton.

 

5.        Electoral district 5 (Central East) composed of the counties of Haliburton, Northumberland, Peterborough, Simcoe and Victoria and the regional municipalities of Durham, Peel and York.

 

6.        Electoral district 6 (North) composed of the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming and The District Municipality of Muskoka. 

 

46.02        The electoral district in which a member is eligible to vote is the district in which, on the day nominations close, the member has his or her designated address.

 

 

 

47.            VOTING ELIGIBILITY

 

47.01        A member is eligible to vote in an election if, on the thirty-fifth day before the election,

 

i)         the member meets the requirements of subsection 7(2) of the Act;

 

ii)        the member has his or her designated address in the electoral district for which an election is being held;

 

iii)       in respect of the election of a chiropodist councillor, the member is the holder of a certificate of registration in the chiropodist class; and

 

iv)       in respect of the election of a podiatrist councillor, the member is the holder of a certificate of registration in the podiatrist class.

 

 

 

48.            ELECTED COUNCILLORS

 

48.01        Nine members of the College shall be elected to Council as elected councillors in the following manner:

 

i)         one chiropodist councillor for each of electoral districts 1 to 6, inclusive; and

 

ii)        one podiatrist councillor for each of the following pairs of electoral districts: electoral districts 1 and 2; electoral districts 3 and 4; and electoral districts 5 and 6.

 

                 Term of Office

 

48.02        Except in the case of a vacancy, the term of office of an elected councillor commences at the First Council Meeting following his/her election and ends at the commencement of the First Council Meeting which is more than two calendar years following that election.

 

Re-Election

 

48.03        An elected councillor may be re-elected but no elected councillor shall serve for more than two consecutive terms in that capacity.

 

 

48.04        Time spent as an elected councillor as a result of a by-election or an appointment by Council to fill a vacancy shall not be included for the purposes of Article 48.03.

 

49.            TIMING OF ELECTIONS

 

49.01        Separate elections for elected councillors shall be held simultaneously as follows:

 

i)         in June of the year 2007 and in June of every third year thereafter for each of electoral districts 1 and 2 for the election of chiropodist councillors and for the combined electoral districts 1 and 2 for the election of a podiatrist councillor;

 

ii)        in June of the year 2008 and in June of every third year thereafter for each of electoral districts 3 and 4 for the election of chiropodist councillors and for the combined electoral districts 3 and 4 for the election of a podiatrist councillor; and

 

iii)       in June of the year 2009 and in June of every third year thereafter for each of electoral districts 5 and 6 for the election of chiropodist councillors and for the combined electoral districts 5 and 6 for the election of a podiatrist councillor.

 

 

49.02        Unless otherwise provided in this by-law, the Registrar shall

 

i)         set the date for each election; and

 

ii)        set the time deadline for the receipt of ballots.

 

 

50.            ELIGIBILITY FOR ELECTION

 

50.01        Subject to the balance of the provisions of Article 50, a member is eligible for election in an electoral district if,

 

i)         on the deadline for receipt of nominations, the member is the holder of a general class certificate of registration and the certificate is not subject to a term, condition or limitation other than one applicable to all members of the class;

 

ii)        in the case of an election of a chiropodist councillor, the member holds a certificate of registration in the chiropodist class, on the deadline for receipt of nominations;

 

iii)       in the case of an election of a podiatrist councillor, the member holds a certificate of registration in the podiatrist class, on the deadline for receipt of nominations;

 

iv)       on the deadline for receipt of nominations, the member is not in default of the payment of any money owed to the College including but not limited to any fee prescribed by the Regulations or required by the by-laws;

 

v)        on the deadline for receipt of nominations, the member is not the subject of any disciplinary or incapacity proceeding;

 

vi)       the member's certificate of registration has not been revoked or suspended in the six years preceding the date of the election for any reason other than non-payment of fees;

 

vii)      the member has not been the subject of any professional misconduct, incompetence or incapacity finding in the three years preceding the date of the election;

 

viii)     the member has not been disqualified by Council in the three years preceding the date of the election;

 

ix)       on the deadline for receipt of nominations, the member has his or her designated address in the electoral district for which he or she is nominated and has been nominated in accordance with this by-law; and

 

x)        the member has completed and filed with the Registrar the Conflict of Interest Form by the deadline established by the Registrar in accordance with Article 51.06.

 

50.02        A member who has been elected to Council in two consecutive elections is not eligible for election until an election held in accordance with these by-laws which is more than five calendar years after the member was last elected to Council. For greater clarity and by way of example only, a member elected in 2007 and re-elected in 2010 would not be eligible until more than five calendar years had passed from 2010, namely, would not be eligible for the 2013 elections but would be eligible again in 2016.

 

50.03        An election in a by-election shall not be counted in determining whether a member is ineligible for election under Article 50.02.

 

 

50.04        A member who is a selected councillor may not be a candidate for election as an elected councillor unless he or she first resigns as a selected councillor

 

 

50.05        A candidate may withdraw from an election by giving notice in writing to the Registrar. If the notice in writing is received at least forty-eight days prior to the date of the election, the name of the person shall not be placed on the ballot. In all other cases, the Registrar shall make reasonable efforts to notify the members eligible to vote that the candidate has withdrawn from the election.

 

 

50.06        A member is not eligible for election as a councillor if the member holds a position which would cause the individual, if elected as a councillor, to have a conflict of interest by virtue of having competing fiduciary obligations to both the College and another organization unless the member files with the Registrar, prior to the deadline referred to in Article 51.06, a written agreement to resign from the other position if elected as a councillor.

 

 

50.07        A member shall be deemed to have a position which would result in a competing fiduciary obligation under Article 50.06 if the member is

 

i)         a director or other member of the governing body of;

 

ii)        an officer of; or

 

iii)       the executive director or chief administrative officer of

 

an international, national or provincial association or organization whose members are predominately chiropodists, podiatrists or other foot care providers.

 

 

50.08        Disputes as to whether a member is eligible for election or to vote in an election will be determined by the Elections Committee.

 

 

50.09        Disputes relating to the election of an elected councillor shall be dealt with by the Elections Committee which shall investigate the facts and report its findings and recommendations to Council for such decision as Council considers appropriate.

 

 

51.            ELECTIONS

 

51.01        The Registrar shall supervise the nominating and election of elected councillors.

 

 

51.02        At least ninety days before the date of an election or by-election, the Registrar shall notify in writing each member who is then eligible to vote in that election or by-election of the date of the election, the nomination procedure and the deadline for returning nominations to the College.

 

 

51.03        The Registrar shall provide each member who is eligible to vote with a nomination form.

 

 

51.04        The nomination of a candidate for election shall be in writing, be received by the Registrar at least sixty days before the date of the election and shall include the written consent of the member wishing to stand for election and the signature of three eligible nominators.

 

 

51.05        Each nominator shall be a member who is eligible to vote in  that election on the date of nomination and on the date on which the nominations close.

 

 

51.06        The Registrar shall establish a deadline by which each candidate shall complete and file the College’s conflict of interest form which deadline shall not be less than fifteen days after the date upon which nominations close.

 

 

51.07        The Registrar shall provide each nominated candidate with a copy of the College’s conflict of interest form, notice of the deadline for the filing of that form and relevant portions of the College’s by-law relating to conflict of interest.

 

 

51.08        If, after the deadline referred to in Article 51.06, the number of eligible candidates nominated for an electoral district is equal to the number of members to be elected in that electoral district, the eligible candidates shall be elected by acclamation.

 

 

51.09        If, after the deadline referred to in Article 51.06, the number of eligible candidates nominated for an electoral district is less than the number of members to be elected in that electoral district, the Registrar shall establish a new election schedule including, where necessary, a new date for that election.

 

 

51.10        Time frames referred to in Articles 51.02, 51.04 and 51.06 do not apply where the Registrar acts under Article 51.09.

 

 

51.11        Where the Registrar acts under Article 51.09, the deadline for nominations for that election shall be re-opened for fifteen days or such greater number of days as determined by the Registrar and a new deadline by which the candidates shall complete and file the conflict of interest form shall be established by the Registrar.

 

 

51.12        Where the Registrar acts under Article 51.09, the Registrar shall notify in writing each member referred to in Article 51.02 of the date of the election and the deadline for returning nominations to the College which deadline shall be determined by the Registrar.

 

 

51.13        If the number of eligible candidates nominated for election for an electoral district after the second call for nominations remains less than or equal to the number of members to be elected in the electoral district, those eligible candidates shall be elected by acclamation.

 

 

51.14        If after two calls for nominations there are still insufficient eligible candidates for election in any electoral district, the seat shall be considered vacant and the vacancy shall be dealt with by Council at its next regular meeting.

 

 

51.15        The Registrar shall advise each eligible candidate that he or she has an opportunity to have included with the ballot a candidate information page so long as the candidate provides to the Registrar the information in a form consistent with the guidelines set by the Registrar and on or before the deadline established by the Registrar.

 

 

51.16        No later than thirty days before the date of an election, the Registrar shall send to every member eligible to vote in an electoral district in which an election is to take place, a voting package which will include a ballot, a list of eligible candidates and voting instructions.

 

 

51.17        Voting for eligible candidates for election to Council shall be by mail ballot using the ballot supplied by the Registrar.

 

 

51.18        A member eligible to vote may cast one vote for any one eligible candidate.

 

 

51.19        On the day of the election ballots received on or before the deadline for the receipt of ballots will be opened and counted by returning officers appointed by the Registrar.

 

 

51.20        As soon as possible following the counting of the ballots, the Registrar shall, in respect of each election,

 

i)         notify each eligible candidate of the results of the election and the number of votes cast for each eligible candidate; and

 

ii)        notify each eligible candidate that he or she may require a recount.

 

 

51.21        An eligible candidate may require a recount by giving a written request to the Registrar no more than fifteen days after the date of an election and paying a fee of $300.

 

 

51.22        A recount shall be held within fifteen days of receipt of the request referred to in Article 51.21 at a time and place determined by the Registrar.

 

 

51.23        A recount shall be conducted in the same manner as the original counting of the ballots except that a representative of the College named by the Elections Committee shall be present and each eligible candidate shall be entitled to attend in person or by a representative.

 

 

51.24        Where a recount occurs, if the recount changes the election outcome, the member requiring the recount shall be entitled to  the return of the fee required in Article 51.21.

 

51.25        Subject to Article 51.27, the successful candidate in an election is the eligible candidate with the highest number of votes.

 

 

51.26        Subject to Article 51.27, in each election the Registrar shall declare the successful candidate elected after the counting of the ballots or in the case of a recount, after the recounting of the ballots.

 

 

51.27        If there is a tie in any election and it is necessary to break the tie to determine who shall be the successful candidate, the Registrar shall designate a person to break the tie by lot and then declare that candidate elected.

 

 

51.28        The College shall notify its members of the results of all elections by publication of those results on the College’s website or in such other or additional  manner as Council may direct.

 

 

51.29        The Registrar may authorize destruction of all ballots thirty-one days after the announcement to eligible candidates of the results of an election or in the case of a recount, thirty-one days after the announcement to eligible candidates of the results of the recount.

 

 

51.30        If there is an interruption of mail service during a nomination or election, the Registrar may extend the holding of a nomination or election for such period of time as he or she considers necessary to compensate for the interruption.

 

 

 

52.            SELECTED COUNCILLORS

 

52.01        For the purpose of clause 7(1)(c) of the Act, two members shall be selected by Council from the Faculty of the Michener Institute for Applied Health Sciences (Ontario) in accordance with the process set out in Schedule 2.

 

 

52.02        Except in the case of a filling of a vacancy, the term of office of a selected councillor shall be from the date of the acceptance of the selection by the selected member until the commencement of the First Council Meeting which is more than two calendar years following that appointment.

 

 

                

 

 

Reappointment

 

52.03        A selected councillor may be reappointed but a selected councillor shall not serve for more than two consecutive terms in that capacity.

 

 

52.04        A selected councillor who has served for two consecutive terms in that capacity shall not be reappointed as a selected councillor until more than five calendar years after the member was last appointed as a selected councillor. For greater clarity and by way of example only, a member appointed in 2007 and reappointed in 2010 would not be eligible until more than five calendar years had passed from 2010, namely, would not be eligible for appointment until 2016.

 

 

52.05        Time spent as a selected councillor as a result of an appointment by Council to fill a vacancy shall not be included for the purposes of Article 52.03.

 

 

 

53.            NON-COUNCIL COMMITTEE MEMBERS

 

53.01        Council shall appoint eligible members to be non-council committee members in accordance with the process set out in Schedule 3.

 

 

53.02        Council shall determine the number of members to be appointed bearing in mind the number of non-council committee members needed to constitute the committees of the College.

 

 

Term of Office

 

53.03        The term of office of a non-council committee member shall be from the date of appointment until the First Council Meeting which is more than two calendar years following that appointment.

 

 

Reappointment

 

53.04        A  non-council committee member may be reappointed but shall not serve for more than two consecutive terms in that capacity.

 

 

53.05        A non-council committee member who has served for two consecutive terms in that capacity shall not be reappointed as a non-council committee member until more than five calendar years after the member was last appointed as a non-council committee member. For greater clarity and by way of example only, a member appointed in 2007 and reappointed in 2010 would not be eligible until more than five calendar years had passed from 2010, namely, would not be eligible for appointment until 2016.

 

 

Eligibility

 

53.06        Subject to the balance of the provisions this Article, a member is eligible to be appointed as a non-council committee member if, on the date of appointment,

 

i)         the member practises chiropody in Ontario, or if the member does not practise chiropody, the member is resident in Ontario;

 

ii)        the member is not in default of the payment of any money owed to the College including but not limited to any fee prescribed by the Regulations or required by the by-laws;

 

iii)       the member is not the subject of any disciplinary or incapacity proceeding;

 

iv)       the member’s certificate of registration has not been revoked or suspended in the six years preceding the date of the appointment for any reason other than non-payment of fees;

 

v)        the member has not been the subject of any professional misconduct, incompetence or incapacity finding in the three years preceding the date of the appointment;

 

vi)       the member is a holder of a general class certificate of registration and the certificate is not subject to a term, condition or limitation other than one applicable to all members of the class; and

 

vii)      the member has not been disqualified by Council in the three preceding years whether as an elected or selected councillor or a non-council committee member.

 

 

53.07        A member is not eligible to be appointed as a non-council committee member if the member holds a position which would cause the individual, if appointed, to have a conflict of interest by virtue of having competing fiduciary obligations to both the College and another organization unless the member files with the Registrar a written agreement to resign from the other position if appointed as a non-council committee member.

 

 

53.08        A person shall be deemed to have a position which would result in a competing fiduciary obligation under Article 53.07 if the person is

 

i)         a director or other member of the governing body of;

 

ii)        an officer of; or

 

iii)       the executive director or chief administrative officer of

 

an international, national or provincial association or organization whose members are predominately chiropodists, podiatrists or other foot care providers.

 

 

 

54.            DISQUALIFICATION

 

54.01        Council shall disqualify an elected councillor from sitting on Council if the  elected councillor

 

i)         is determined by Council not to have met the eligibility requirements for election;

 

ii)        ceases to be the holder of a certificate of registration;

 

iii)       ceases to either practise or reside in the electoral district in which the member was elected;

 

iv)       is found to have committed an act of professional misconduct or to be incompetent by a panel of the Discipline Committee;

 

v)        is found to be incapacitated by a panel of the Fitness to Practise Committee;

 

vi)       has a term, condition or limitation placed on his or her certificate of registration other than one applicable to all members holding that class of certificate;

vii)      is determined by Council to have obtained a position which creates a conflict of interest by virtue of having competing fiduciary obligations to both the College and another organization;

 

                 viii)     fails, without reasonable cause, to attend two consecutive meetings of Council;

 

ix)       fails, without reasonable cause, to attend three consecutive meetings of a Committee of which he or she is a member; or

 

x)        fails, without reasonable cause, to attend a hearing or proceeding of a panel for which he or she has been selected.

 

 

54.02        Council shall disqualify a selected councillor from sitting on Council if the selected councillor

 

i)         is determined by Council not to have met the requirements for selection;

 

ii)        ceases to be a member of a faculty of the Michener Institute for Applied Health Sciences;

 

iii)       ceases to be the holder of a certificate of registration;

 

iv)       is found to have committed an act of professional misconduct or to be incompetent by a panel of the Discipline Committee;

 

v)        is found to be incapacitated by a panel of the Fitness to Practise Committee;

 

vi)       has a term, condition or limitation placed on his or her certificate of registration other than one applicable to all members holding that class of certificate;

 

vii)      is determined by Council to have obtained a position which creates a conflict of interest by virtue of having competing fiduciary obligations to both the College and another organization;

 

viii)     fails, without reasonable cause, to attend two consecutive meetings of Council;

 

ix)       fails, without reasonable cause, to attend three consecutive meetings of a Committee of which he or she is a member; or

 

x)        fails, without reasonable cause, to attend a hearing or proceeding of a panel for which he or she has been selected.

 

54.03        Council shall disqualify a non-council committee member from sitting on any committee of the College if the non-council committee member

 

i)         ceases to be the holder of a certificate of registration;

 

ii)        is found to have committed an act of professional misconduct or to be incompetent by a panel of the Discipline Committee;

 

iii)       is found to be incapacitated by a panel of the Fitness to Practise Committee;

 

iv)       has a term, condition or limitation placed on his or her certificate of registration other than one applicable to all members holding that class of certificate;

 

v)        is determined by Council to have obtained a position which creates a conflict of interest by virtue of having competing fiduciary obligations to both the College and another organization;

 

                 vi)       fails, without reasonable cause, to attend three consecutive meetings of a committee of which he or she is a member; or

 

vii)      fails, without reasonable cause, to attend a hearing or proceeding of a panel for which he or she has been selected.

 

 

54.04        An elected or selected councillor or non-council committee member is also subject to disqualification pursuant to the College’s Conduct of Councillors and Committee Members By-Law if such a by-law has been passed by Council.

 

 

54.05        An elected or selected councillor who is disqualified by Council under this or any other by-law of the College ceases to be a councillor and ceases to be a member of all committees.

 

 

54.06        An non-council committee member who is disqualified by Council under this or any other by-law of the College ceases to be a non-council committee member and ceases to be a member of all committees.

 

 

54.07        An elected or selected councillor who becomes the subject of a disciplinary or incapacity proceeding, including one which originates at any time after the deadline for receipt of nominations, shall not serve on Council or on any committee until the proceeding is finally completed.

 

54.08        A selected councillor who becomes the subject of a disciplinary or incapacity proceeding shall not serve on Council or on any committee until the proceeding is finally completed.

 

 

54.09        A non-council committee member who becomes the subject of a disciplinary or incapacity proceeding shall not serve on any committee until the proceeding is finally completed.

 

 

54.10        An elected or selected councillor or a non-council committee member who becomes in default of the payment of monies owed to the College including any fees prescribed by the Regulations or required by the by-laws, including a default which originates at any time after the deadline for receipt of nominations, shall not serve on Council or any committee until the default is remedied.

 

 

54.11        Where a councillor believes that Council should consider disqualifying an elected or selected councillor or non-council committee member on the basis that he or she meets one or more of the disqualification factors set out in Article 54.01, Article 54.02 or Article 54.03, the councillor shall advise the Executive Committee in writing.

 

 

54.12        If the Registrar receives information that if true may result in Council disqualifying an elected or selected councillor or non-council committee member on the basis that he or she meets one or more of the disqualification factors set out in Article 54.01, Article 54.02 or Article 54.03, the Registrar shall advise the Executive Committee in writing.

 

 

54.13        The Executive Committee shall notify the elected or selected councillor or non-council committee member whose conduct is the subject of concern of the nature of the concern and provide him or her with a reasonable opportunity to make written or oral submissions or both to the Executive Committee.

 

 

54.14        The Executive Committee shall make a preliminary determination of the relevant facts and report those facts to the elected or selected councillor or non-council committee member whose conduct is the subject of concern and, where applicable, to the councillor who brought the concern to the Executive Committee's attention.

 

 

54.15        If either the Executive Committee or the councillor who brought the matter to the Executive Committee's attention is of the view that further action may be required by Council, the issue shall be placed on the agenda for the next meeting of Council.

 

 

54.16        Should, pursuant to this by-law, the matter of the potential disqualification of an elected or selected councillor or non-council committee member be placed on the agenda of Council, the Registrar shall advise the person who is potentially subject to disqualification of the date when Council intends to meet to deal with the issue and of his or her opportunity to make either written or oral submissions to Council, should he or she wish to do so.

 

 

54.17        After providing the opportunity referred to in Article 54.16, Council shall determine the relevant facts and, if appropriate, disqualify the elected or selected councillor or non-council committee member in accordance with this by-law.

 

 

54.18        A resolution of at least two-thirds of the councillors present at a meeting of Council duly called for that purpose shall be required in order to disqualify an elected or selected councillor pursuant to this Article.

 

 

54.19        A resolution of the councillors present at a meeting of Council duly called for that purpose shall be required in order to disqualify a non-council committee member pursuant to this Article.

 

 

54.20        Where an elected or selected councillor is the subject matter of a motion for disqualification under this Article,  that elected or selected councillor shall not be present during the debate or vote and shall not be counted as a member of Council in determining whether a quorum exists or whether the motion was carried or defeated.

 

 

54.21        Before any debate is had or vote taken by Council pursuant to this Article, Council shall consider whether the public should be excluded from the meeting in accordance with the Code.

 

 

 

55.            VACANCY ON COUNCIL

 

55.01        The seat of an elected or selected councillor shall be deemed to be vacant upon the death, resignation or disqualification of the elected or selected councillor

 

 

55.02        If the seat of an elected councillor becomes vacant in an electoral district less than eighteen months before the next election in that electoral district, Council may

 

i)          leave the seat vacant;

 

ii)        appoint as an elected councillor the eligible candidate who had the most votes of all of the unsuccessful eligible candidates for that position in that electoral district in the last election; or

 

iii)       direct the Registrar to hold a by-election for that electoral district which shall be held in a manner consistent with the elections held under this by-law.

 

 

55.03        If the seat of an elected councillor becomes vacant in an electoral district more than eighteen months before the next election in that electoral district, Council shall direct the Registrar to hold a by-election for that electoral district which shall be held in a manner consistent with the elections held under this by-law.

 

 

55.04        Where the seat of an elected councillor becomes vacant in an electoral district because, after two calls for nomination, there were no eligible candidates for election in that electoral district, Council shall appoint a member who at the time of the appointment is a chiropodist member, in the case of a vacancy in respect of the seat of a chiropodist councillor or a podiatrist member, in the case of a vacancy in respect of the seat of a podiatrist councillor."

 

55.05        The term of an elected councillor elected or appointed under Article 55.02 or Article 55.03 shall continue until his or her successor takes office in accordance with the by-law or until a vacancy occurs in that office, whichever shall first occur. 

 

 

55.06        If the seat of a selected councillor becomes vacant, that vacancy shall be filled in accordance with the process set out in Schedule 2.

 

55.07        Failure to fill a vacancy as required by this Article shall not affect the rights of the remaining councillors or committee members to fulfil their duties and responsibilities.

 

 

 

56.            RESIGNATION

 

56.01        A councillor may resign either as a member of Council or as a committee member or both.

 

 

56.02        A non-council committee member may resign either as a non-council committee member or as a committee member or both.

 

 

56.03        A resignation may not be withdrawn, does not need acceptance and where no date is specified in the resignation, is effective on the date it is received by the President, Vice-President or Registrar.

 

 

56.04        A written resignation which contains a date upon which the resignation is intended to be effective, is effective on the date specified in the resignation or on the date it is received by the President, Vice-President or Registrar, whichever is later.

 

 

 

57.            INTERPRETATION

 

57.01        In all by-laws of the College, the singular shall include the plural and the plural shall include the singular.

 

 

57.02        Wherever reference is made in the by-laws to a statute or section, such reference shall be deemed to extend and apply to any amendment or re-enactment of such statute or section, as the case may be.

 

 

57.03        A Schedule in this or any other by-law of the College shall form part of the by-law.

 

 

57.04        All provisions of this or any other by-law of the College shall be interpreted in a manner consistent with the RHPA and the Act and where any such inconsistency is found to exist, the inconsistent provision is to be severed therefrom so long as this severance is practical.

 

 

57.05        Where notice is required under this or any other by-law of the College and except where specifically provided otherwise, the following shall apply in determining whether sufficient notice was given:

 

                 i)         the number of days shall be calculated excluding the day on which the notice was sent or forwarded and excluding the day of the event for which the notice was given;

 

ii)        the number of days shall be calculated including all days whether or not they are business days, weekend days, or holidays;

 

iii)       where notice is provided by ordinary prepaid first class mail to the person's last known address, the notice shall be considered to have been received on the fifth day following mailing;

 

iv)       where notice is provided by facsimile, e-mail or other electronic means, the notice shall be considered to have been received on the date and time it was sent; and

 

v)        where notice is provided by courier to the person's last known address, the notice shall be considered to have been received on the date the courier delivered the notice, whether or not it was personally received on that date.

 

Schedule  1  to By-Law No. 1

 

Process for Election of Council officers

 

 

 

1.      (a)   Following the election of councillors, the Registrar shall prepare a list of the names of the persons who the Registrar expects to constitute the new Council. The list shall be sent to all of the persons who the Registrar believes will constitute that Council with a request that any person who may wish to stand for election to the position of President or Vice-President or to be elected as (one of) the other members of the Executive Committee so indicate by notice in writing to the Registrar to be received at the College no later than ten days prior to the First Council Meeting. The Registrar shall circulate, along with the agenda for the First Council Meeting, a list of the names of all persons who have provided the aforesaid notice along with an indication of which position(s) each of those persons has indicated an interest in.

 

(b)   A failure to file a notice of intent shall not restrict a person from nominating himself/herself for office/election at the time of the election.

 

 

2.             At the First Council Meeting, the Registrar shall call the meeting to order and act as interim presiding officer.

 

 

3.             The Registrar will present the report on elections for the approval of Council and will then call the roll.

 

 

4.             The Registrar will call for nominations and applications for the position of President. Should only one councillor be a candidate for the Presidency, the interim presiding officer will thereupon declare said candidate elected. The newly elected President will immediately assume the chair.

 

 

5.             Should there be more than one candidate for the position of President, an election by secret ballot shall be conducted. For the purpose of that selection, the interim presiding officer will, with the concurrence of Council appoint two returning officers to count the ballots and to report the results to Council.

 

 

6.             When more than two councillors are nominated, the nominee who received the lowest  number of votes on each ballot shall be deleted from the next ensuing ballot unless one nominee receives a majority of the votes cast on the ballot. This procedure shall be followed until one nominee receives a majority of the votes cast. When one candidate receives a majority of the votes cast, he or she shall be declared elected as President and the newly elected President shall immediately assume the chair.

 

 

7.             The election of the Vice-President will be conducted on a basis identical to that of the procedure applicable to the election of the President.

 

 

8.             The President and Vice-President shall be members of the Executive Committee. The remaining member(s) of the Executive Committee shall be elected by Council in a manner identical to that procedure applicable to the election of the President bearing in mind the requirements for the composition of the Executive Committee under the by-laws.

 

 

Schedule 2 to By-Law No. 1

 

Process for the Appointment of Selected Councillors

 

 

 

1.            When it is reasonably anticipated that the appointment of one or more selected councillors will be required in the next one hundred and eighty days, whether to fill a vacancy or for any other reason, the Executive Committee shall

 

 

i)      determine the names of all members who are members of the faculty of the Michener Institute for Applied Sciences;

 

ii)     consult with the President of the Michener Institute for Applied Sciences and obtain his/her recommendations respecting the filling of those positions on Council; and

 

iii)    prepare for Council’s consideration the name of the member or members who the Executive Committee would recommend that Council select to fill those positions on Council.

 

 

2.            Prior to making a recommendation to Council, the Executive Committee shall take reasonable steps to ensure that each prospective appointee is eligible for selection and does not hold a position which would cause the individual if appointed as a selected councillor to have a conflict of interest by virtue of having competing fiduciary obligations to both the College and another organization or if a prospective appointee does have such a conflict, to ensure that the member has agreed in writing to immediately resign from the other position if selected as a councillor.

 

 

3.            A person shall be deemed to have a position which would result in a competing fiduciary obligation under paragraph 2 if the person is

 

i)      a director or other member of the governing body of;

ii)     an officer of; or

iii)    the executive director or chief administrative officer of

 

an international, national or provincial association or organization whose members are predominately, chiropodists, podiatrists or other foot care providers.

 

 

4.            A person shall be deemed not to have a position which would result in a competing fiduciary obligation under paragraph 2 solely as a result of the person being or continuing to be a member of the faculty of the Michener Institute for Applied Sciences.

 

 

5.            Disputes as to whether a member is eligible for selection shall be determined by the Elections Committee.

 

 

6.            The member selected by Council shall not become a selected councillor until that member agrees to serve as a selected councillor.

 

 

7.            Council may at the time of selection select more than one member ranking its selections in order of its preference with the understanding that should the most preferred member refuse to serve as a selected councillor the next preferred member would be offered the position until either one of the preferred members agrees to serve as a selected councillor or the list of preferred members has been exhausted.

 

 

8.            In the event the process does not result in the filling of all selected councillor positions, the process shall be repeated.

 

 

 

 

Schedule 3 to By-Law No. 1

 

Process for the Appointment of

Non-Council Committee Members

 

 

 

 

1.            When it is reasonably anticipated that the appointment of one or more non-council committee members will be required whether to fill a vacancy or for any other reason, the Registrar shall distribute to all members information respecting the opportunity to serve Council as a non-council committee member in order to obtain applications from those members who are interested in being appointed.

 

 

2.            The Registrar shall establish a deadline for receipt of applications.

 

 

3.            After the deadline for receipt of applications, the Registrar shall compile a list of all members who completed the application and provide that list to the Executive Committee along with a copy of each member’s application and supporting documentation.

 

 

4.            The Executive Committee shall prepare for Council’s consideration the name of the member or members who the Executive Committee would recommend that Council appoint as non-council committee members.

 

 

5.            In making its recommendation to Council, the Executive Committee shall consider the following principles:

 

i)      the importance of having non-council committee members who have diverse experience and who practise in different parts of the Province; and

 

ii)     the importance of encouraging members who have not previously participated in College matters to serve as non-council committee members.

 

 

6.            Prior to making recommendation to Council, the Executive Committee shall take reasonable steps to ensure that each prospective appointee does not hold a position which would cause the individual if appointed as non-council committee member to have a conflict of interest by virtue of having competing fiduciary obligations to both the College and another organization or if a prospective appointee does have such a conflict, to ensure that the member has agreed in writing to immediately resign from the other position if appointed as a non-council committee member.

 

 

7.            A person shall be deemed to have a position which would result in a competing fiduciary obligation under paragraph 6 if the person is

 

i)      a director or other member of the governing body of;

ii)     an officer of; or

iii)    the executive director or chief administrative officer of

 

an international, national or provincial association or organization whose members are predominately chiropodists, podiatrists or other foot care providers.

 

 

8.            Disputes as to whether a member is eligible for appointment shall be determined by the Elections Committee.