COUNCIL MEETING MINUTES COO Boardroom 85 Richmond …Mr. Shahram Namvarazad RO, Elected Member Ms....

COUNCIL MEETING MINUTES

COO Boardroom – 85 Richmond St. W., Suite 902

Monday, January 27, 2014

Council Members Present:

Mr. Hugh Corbett, Public Member

Mr. Balbir Dhillon RO, Elected Member

Ms. Eve Hoch, Public Member

Mr. Librado Jr. (Buddy) Ibe, Public Member

Ms. Ingrid Koenig RO, Elected Member (arrived at 1:10 pm due to weather conditions)

Ms. Saundra Lawson, Public Member

Mr. David Milne, Public Member

Mr. Shahram Namvarazad RO, Elected Member

Ms. Michelle Rivais RO, Elected Member (arrived at 2:30 pm due to weather conditions)

Ms. Janice Schmidt RO, Elected Member

Mr. Mike Smart RO, Elected Member

Mr. Edward Viveiros RO, Elected Member

Administration:

Mr. Fazal Khan RO, Registrar

Ms. Bev Sloan, Deputy Registrar

Guests:

Mr. Jim Dunsdon, Independent Meeting Chair

Mr. Richard Steinecke, Steinecke, Macuira, LeBlanc

Regrets:

Ms. Sheela Moloo RO, Elected Member

1.0 Introduction

1.1 Introduction and Announcements

Mr. Dunsdon called the meeting to order at 1:00 pm. The gallery was then asked to

introduce themselves as were the members of Council and administration staff in attendance.

Mr. Dundson asked that members of the Council speak through him as independent meeting

chair.

1.1.1 Welcome to New Members

It was noted that introductions to new members had taken place at the December 9, 2013

meeting.

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Typewritten Text

Agenda Item 2.1

Council Meeting Minutes – January 27, 2014

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1.2 Conflict of Interest Declaration

No conflicts were declared.

1.3 Adoption of the Agenda

Mr. David Milne requested that Agenda Item 2.0 be deferred until later in the day to allow

for Council members who were still in transit due to the weather conditions to take part in the

elections.

MOTION: That Agenda Item 2.0, Election of 2014 Executive Committee, be deferred

until later in the day and that the Agenda be adopted as amended.

Moved: David Milne

Seconded: Mike Smart

Vote: CARRIED

Note: There was one abstention.

At this point Council recessed and moved on to the Strategic Planning Meeting which was not open

to the public.

Council came back into public session and continued with Agenda Item 2.0. It is noted for the

record that Ms. Ingrid Koenig and Ms. Michelle Rivais were in attendance for the elections.

2.0 Election of the 2014 Executive Committee

Mr. Malcolm Vaz, Sevitt & Associates was not able to attend for the Executive elections due

to illness and Mr. Jim Dunsdon, with the approval of Council, acted as Presiding Officer for

the elections.

Mr. Dundson reviewed with Council the process to be followed for elections to the Executive

Committee.

2.1 Expressions of Interest for Position on Executive Committee

Mr. Dundson reminded Council that expressions of interest for positions on the Executive

Committee had been posted in the College’s virtual boardroom for review prior to the

meeting. Mr. Hugh Corbett, Public Member, expressed an interest in a position on the

Executive Committee at the meeting and handed out his expression of interest for review by

Council prior to the elections taking place.

2.2 Election of President

The floor was opened for nominations for the position of president. The following

nominations were made:

Nominee: Moved: Seconded:

David Milne Edward Viveiros Balbhir Dhillon

Janice Schmidt Chris Namvarazad Mike Smart


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Mr. Milne and Ms. Schmidt stated that they accepted the nomination. Candidates were given

an opportunity to address the Council.

Mr. Milne was elected to the position of President.

2.3 Election of Vice-President

The floor was opened for nominations for the position of vice-president. The following

nominations were made:


Ingrid Koenig David Milne Michelle Rivais

Janice Schmidt Edward Viveiros Chris Namvarazad

Ms. Koenig and Ms. Schmidt stated that they accepted the nomination. Candidates were

given an opportunity to address the Council.

Ms. Koenig was elected to the position of Vice-President.

2.4 Election of Three Remaining Executive Committee Members

The floor was opened for nominations for the third position on the Executive Committee.

The following nominations were made:


Janice Schmidt Mike Smart Edward Viveiros

Michelle Rivais Ingrid Koenig David Milne

Ms. Schmidt and Ms. Rivais stated that they accepted the nomination. Candidates were

given an opportunity to address the Council.

This vote resulted in a tie. After consultation with the Presiding Officer as to how to

proceed, ballots were distributed and collected in a second vote for this position.

Ms. Michelle Rivais was elected to the third position on Executive.

The floor was opened for nominations for the fourth position on the Executive Committee.



Eve Hoch Mike Smart Ms. Hoch declined.

Hugh Corbett Saundra Lawson Eve Hoch

Mr. Corbett accepted the nomination and was acclaimed to the fourth position on the

Executive Committee.

The floor was opened for nominations for the fifth position on the Executive Committee.



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Balbir Dhillon Librado Ibe Mike Smart

Janice Schmidt Edward Viveiros Chris Namvarazad

Mr. Dhillon and Ms. Schmidt stated that they accepted the nomination. Candidates were

given an opportunity to address Council.

This vote resulted in a tie and ballots were distributed to Council for a second vote. The

second vote also resulted in a tie. The Presiding Officer asked Council if they would like to

make decision on continuing the voting by ballot as the Council was deadlocked and there

was no provision in the College`s by-law dealing with this situation. The Presiding Officer

had researched options for such a situation and two were presented to Council. They could

decide the vote by lot or the Council could vote on continuing by ballot.

MOTION: That the Council continues the vote by ballot.

Moved: Chris Namvarazad

Seconded: Saundra Lawson

Vote: CARRIED

Ballots were distributed and collected for a third vote. This vote also resulted in a tie.

Once again the Presiding Officer asked Council how they would like to proceed.

MOTION: That the voting continues by ballot.

Moved: Edward Viveiros

Seconded: Ingrid Koenig

Vote: CARRIED

Note: There was one abstention.

Mr. Balbir Dhillon was elected to the fifth position on the Executive Committee.

MOTION: To approve the 2014 Executive Committee as elected:

Mr. David Milne, President, Public Member

Ms. Ingrid Koenig RO, Vice-President

Ms. Michelle Rivais RO

Mr. Hugh Corbett, Public Member

Mr. Balbir Dhillon RO

Moved: Mike Smart

Seconded: Librado Ibe

Vote: CARRIED

Council recessed at 4:45 pm to resume the meeting on Tuesday, January 28, 2014 at 9:30 am.

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COUNCIL MEETING MINUTES

COO Boardroom – 85 Richmond St. W., Suite 902

Tuesday, January 28, 2014

Council Members Present:

Mr. David Milne, President, Public Member

Ms. Ingrid Koenig RO, Vice-President, Elected Member

Mr. Hugh Corbett, Public Member (11:05 am)

Mr. Balbir Dhillon RO, Elected Member

Ms. Eve Hoch, Public Member

Ms. Saundra Lawson, Public Member

Mr. Shahram Namvarazad RO, Elected Member (9:55 am)

Ms. Michelle Rivais RO, Elected Member

Ms. Janice Schmidt RO, Elected Member

Mr. Mike Smart RO, Elected Member

Mr. Edward Viveiros RO, Elected Member

Administration:

Mr. Fazal Khan RO, Registrar

Ms. Bev Sloan, Deputy Registrar

Regrets:

Ms. Sheela Moloo RO, Elected Member

Absent:

Mr. Librado Ibe, Public Member

The meeting was called to order at 9:30 am by Chair, D. Milne.

3.0 Meeting Minutes

3.1 Council Meeting Minutes – December 9, 2013

MOTION: That the Council meeting minutes of December 9, 2013 be accepted as

presented.

Moved: Saundra Lawson

Seconded: Eve Hoch

Vote: CARRIED

Note: There were two abstentions.

4.0 REGULATORY DECISIONS

4.1 2014 Committee Slate – Executive Committee Recommendation


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Council was presented with a Draft 2014 Committee Slate as recommended by the Executive

Committee. After review and discussion by Council, the following motion was made:

MOTION: That the Committee Slate for 2014 be approved as presented.

Moved: Eve Hoch


Vote: CARRIED

4.2 College Representatives

4.2.1 Georgian College

4.2.2 Seneca College

Council discussed the issue of having two separate individuals representing the College at the

Ontario teaching institutions and determined that it would be beneficial for one representative

to attend the Advisory Committee meetings of both institutions on an ongoing basis.

The Chair opened the floor for nominations for the 2014 Advisory Committee representative

for Georgian College and Seneca College.


Mike Smart Janice Schmidt Ingrid Koenig

There were no further nominations and Mr. Mike Smart was acclaimed as the 2014 Advisory

Committee representative for Georgian College and Seneca College.

4.2.3 National Association of Canadian Optician Regulators (NACOR)

The Chair opened the floor for nominations for the 2014 NACOR representative.


Janice Schmidt Mike Smart Eve Hoch

David Milne Ingrid Koenig Balbir Dhillon

There were no further nominations and Council determined that the vote would take place by

ballot.

Ms. Janice Schmidt was the successful candidate as the 2014 NACOR representative for the

College.

4.2.4 National Examinations Committee (NEC)

The Chair opened the floor for nominations for the 2014 NEC representative for the College.


Mike Smart Eve Hoch Edward Vivieros


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Ingrid Koenig David Milne Saundra Lawson

There were no further nominations and a vote was taken by ballot.

Ms. Ingrid Koenig was the successful candidate as the 2014 NEC representative for the

College.

4.2.5 Chief Examiner for Ontario

The Chair opened the floor for nominations for the 2014 Chief Examiner for Ontario.


Ingrid Koenig Michelle Rivais Mike Smart

There were no further nominations and Ms. Ingrid Koenig was acclaimed as the 2014 Chief

Examiner for Ontario.

Council discussed and agreed that moving forward, it would be beneficial for the

representative to the NEC and the Chief Examiner for Ontario should be the same individual.

4.2.6 ECHO Representative from Council

The Registrar spoke to the positions available by invitation to the College on the Eye Health

Council of Ontario (ECHO). In 2013 the College of Opticians of Ontario was invited by

ECHO to have two representatives sit at ECHO meetings as invited guests. One position was

for an administrative representative of the College of Opticians of Ontario and the second

was for a member of academia. The Registrar reminded Council and the ECHO

representatives are not able to vote on issues at ECHO meetings but are there as observers

only. In 2013, the Registrar was the administrative representative and Ms. Peggy Dreyer

was the second representative from Council. The question arose as to whether appointed

non-Council members would be eligible to fill one of these positions. A straw vote by show

of hands was held and it was determined that one position should be filled by a sitting

member of Council.

Council agreed that the Registrar should hold the administrative position and the Chair

opened the floor for nominations for the second position.


Janice Schmidt Chris Namvarazad Edward Viveiros

There were no further nominations and Ms. Janice Schmidt was acclaimed as the College`s

academic representative at ECHO.

4.2.7 Joint Illegal Dispensing Working Group

The Registrar presented some background information on this group. It was noted that the

College President and Registrar traditionally have been the representatives. The suggestion

was made that this practice should continue for continuity.


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MOTION: That the President and Registrar of the College of Opticians of Ontario be

standing representatives to the Joint Illegal Dispensing Working Group in

each year.

Moved: Mike Smart

Seconded: Eve Hoch

Vote: CARRIED

MOTION: That one College representative is appointed in any year to sit on the Advisory

Committees of Georgian College and Seneca College.

Moved: Mike Smart

Seconded: Janice Schmidt

Vote: CARRIED

MOTION: That one College representative is appointed in any year as the Chief

Examiner for Ontario and representative on the National Exams Committee

(NEC).

Moved: Mike Smart

Seconded: Eve Hoch

Vote: CARRIED

4.3 Memorandum of Understanding – FHRCO

The Registrar referred Council to the previously circulated briefing note on this issue. He

explained that while this document was not legally binding, the memorandum is a goodwill

agreement amongst members to enable collaboration and sharing of information in member

investigations. It was noted that while sharing of information regarding members is

permissible under the RHPA in certain circumstances, this agreement in principle amongst

FHRCO members.

MOTION: That the College of Opticians of Ontario sign the Memorandum of

Understanding – Sharing of Information Related to Investigations.

Moved: Eve Hoch

Seconded: Chris Namvarazad

Vote: CARRIED

4.4 CSA Safety Standards

The Registrar referred Council to the previously circulated briefing note on this issue.

Council discussed the issue of providing standards to the membership and the costs involved

due to copyright. Council discussed the issue and the suggestion was made that an ad-hoc

committee be struck to review standards and bring recommendations back to Council. It was

further suggested that this College work with the College of Optometrists and eventually take

collaborative recommendations to the ECHO table.


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MOTION: That an ad-hoc committee be formed to review eyewear safety standards and

provide recommendations to Council.

Moved: Mike Smart


Vote: CARRIED

It was determined by Council that three optician members be appointed to this ad-hoc

committee with the Registrar assisting administratively.

MOTION: That the ad-hoc committee meets not more than three times and the members

are appointed as follows:

Janice Schmidt RO, Elected Member

Mike Smart RO, Elected Member

Robert Vezina RO, Appointed Non-Council Member

Moved: Eve Hoch


Vote: CARRIED

5.0 REGULATORY MONITORING

5.1 Internet Dispensing – Joint Complaint

The Registrar reported that a letter of complaint had been drafted jointly by the College of

Opticians and the College of Optometrists and sent to the regulator for insurance providers in

Ontario regarding the practice by some insurers in Ontario of reimbursing for eyewear

purchased illegally where the dispensing was not being done by regulated professionals. Part

of the complaint also spoke to advertising of internet dispensing by providers such as Clearly

Contacts. Council will be update once a response has been received.

5.2 Clearly Contacts

The Registrar updated Council on the new Clearly Contacts store which opened in the fall (?)

of 2013. Dialogue with Mr. Gary Collins, President of Operations, is ongoing and it was

reported that Mr. Collins has assured the College that they want to be in compliance with the

RHPA and governing regulations. The Registrar went on to explain how this “bricks and

mortar” store is currently operating according to Mr. Collins. Council provided the Registrar

with some feedback regarding this dispensary and the Registrar will discuss them with Mr.

Collins when they meet in person in the next few weeks. The Registrar reminded Council

that the Patient Relations Committee has been tasked with looking at new technology and

illegal dispensing via the internet.

5.3 Bill 70 – Regulated Health Professions Amendment Act (Spousal Exception), 2013

The Registrar reviewed the provisions in Bill 70 and how this would impact Opticians and

other regulated health professionals. The College’s Professional Misconduct Regulation,


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currently in circulation for stakeholder comments, will require review and amendment to

incorporate the provisions in Bill 70.

6.0 REGULATORY MONITORING

6.1 Annual Committee Reports

The 2013 Annual Committee Reports were previously circulated to Council for review.

There was one typographical error in the Governance Committee Report.

MOTION: That the 2013 Annual Committee reports be accepted as amended.

Moved: David Milne


Vote: CARRIED

6.2 Registrar’s Report

The Registrar reviewed highlights of his previously circulated report to Council. Highlights

included an informational update on the extension of the 204 renewal deadline, current status

of Phase 1 and the upcoming Phase 2 of the new database project, on-line renewal for

members, College communications, ANSI standards and safety standards, legislative changes

as regards RHPA amendments and expanded powers of the Office of the Fairness

Commissioner, amendments to O. Reg. 39/01 (Certificates of Authorization) refining the

definition of “family” member for the purposes of determining who may own non-voting

shares in certain health profession corporations, upcoming strategic planning sessions for the

College and plano contact lenses and alternate dispensing models.

7.0 GOVERNANCE DECISIONS

7.1 2014 Committee Assignments

Committee assignments were dealt with earlier in the meeting.

7.2 2014 Council Meeting Dates

Council reviewed draft 2014 Council meeting dates. There was some discussion regarding

the proposed strategic planning meeting dates. The Registrar will contact the facilitator

regarding changes as discussed by Council and once confirmed the dates will be circulated to

all Council and Committee members and posted on the College website.

7.3 Finance

7.3.1 2013 Financial Variance Report

The Deputy Registrar reviewed the unaudited 2013 year-end variance report which was

previously circulated to Council. Revenue and expenditures which showed a positive or

negative variance of ten percent or were within the ten percent margin but were noteworthy

were highlighted with an explanation as to the cause of the variance. Council was made


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aware that these figures had not yet been audited and adjustments, including year-end

accruals, not yet been made by the College’s auditor. The financial audit is expected to be

carried out in mid-February or early March.

7.2 2014 Budget

Council was presented with a draft budget for 2014. Council discussed the draft 2014 budget

at length. Increases were made to the Executive Committee line, Investigations, Complaints

and Reports Committee line, the Communications line, and the General Operational

Expenditures line. The resulting budget allows for a modest surplus of approximately

$215,940 in 2014. Council agreed that it would be prudent to conduct a review of the budget

in the late spring or early summer of 2014.

MOTION: That the draft 2014 budget be approved as amended.

Moved: Mike Smart

Seconded: Ingrid Koenig

Vote: CARRIED

Council recessed at this point in the meeting.

MOTION: That the meeting recess to proceed with the elections of Committee Chairs

and Vice-Chairs.

Moved: Mike Smart

Seconded: Balbir Dhillon

Vote: CARRIED

Council came back into session at 12:50 pm to continue with the meeting.

8.0 In-Camera Session – under the RHPA, Schedule 2, Section 7)(2)(b) and (d)

Council agreed that the meeting need not go in-camera as indicated on the Agenda to deal

with Agenda Item 8.1.

8.1 In Camera Minutes – December 9, 2013

The confidential in camera minutes of December 9, 2013 were circulated for review by

Council. It was noted that the minutes were being reviewed for accuracy only at this point

and should Council wish to engage in discussion of the contents of the minutes, they would

be required to go in camera. There was no discussion on the minutes.

MOTION: That the in camera minutes of December 9, 2013 be accepted as presented.

Moved: David Milne

Seconded: Michelle Rivais

Vote: CARRIED

Note: There were two abstentions.


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9.0 Adjournment

MOTION: That the meeting be adjourned.

Moved: Ingrid Koenig

Seconded: Balbir Dhillon

Vote: CARRIED

The meeting adjourned at 1:15 pm.

COUNCIL MEETING MINUTES COO Boardroom 85 Richmond …Mr. Shahram Namvarazad RO, Elected Member Ms....

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