2024 AGM Resolutions - By-Laws

Source: https://pipsc.ca/about/governance/agm/2024/2024-agm-resolutions-by-laws 

B-18 - Reporting of Expenditures (E)

Sponsored by Frank Wong & Dimitry Gorodnichy (members) | Disposition:

Whereas dues from our members are entrusted to the Institute for operating efficiently and effectively to service the needs of our members, and

Whereas some members do not believe our Institute is using their dues for the efficient and effective operations of our Institute, and

Whereas our members expect leaders of our Institute to be reasonable, responsible, and accountable when claiming expenses and utilizing discretionary use allocations, and

Whereas it is good practice for the Institute to operate in a responsible, transparent, and accountable manner, and

Whereas advance notification of the implementation of this new bylaw should be provided, and

Be it resolved that the following new bylaw be adopted starting March 1, 2025:

NEW BYLAW:

14.5 Reporting of Expenditures

14.5.1 Claims for travel expenses (excluding per diem), hospitality, and discretionary use allocations of members of the Board of Directors, National Group Executives, Regional Executives, and National Consultation Team Executives will be made available for review at the PIPSC Annual General Meeting before being posted on the PIPSC secure portal.

14.5.2 Where travel arrangements are made by the Institute’s supplier and the cost is not known, the travel claim will include a boarding pass for the trip taken in lieu of an itemized receipt from a vendor.

14.5.3 Reporting of expenditures for travel expenses (excluding per diem), hospitality, and discretionary use allocations will include:

a) The PIPSC TRAVEL EXPENSE CLAIM - DEMANDE D'INDEMNITÉ DE DÉPLACEMENT Excel workbook, with each claim made included in a separate worksheet

b) Itemized receipts from vendors for each claim

c) Boarding pass(es), if applicable, for each claim

RSC Comment: In article 14.5.2, the cost is always known so this article may never be enacted. Further, boarding passes do not normally include financial information.

Financial Comment: Pending

2024 AGM Resolutions - Policy

Source: https://pipsc.ca/about/governance/agm/2024/2024-agm-resolutions-policy

P-22 - Inclusion of Additional Grounds of Discrimination in the PIPSC Equity Statement (E)

Sponsored by Dmitry Gorodnichy (member) | Disposition:

Whereas the current PIPSC Equity Statement, while addressing significant areas of discrimination, does not encompass all the diverse aspects that can affect our members. By expanding the statement to include more grounds of discrimination, we can better reflect the inclusive values of PIPSC and ensure all members feel represented and supported, in particular those who  experience discrimination on the grounds that are presently not listed in the Equity Statement.

Whereas current Union's messaging related to the religious backgrounds allows exclusion of non-scriptural ways of spirituality such as First Nations ways of living, karmic laws followers, and other spiritual and conscience practices not connected to churches or religious leaders.

BE IT RESOLVED THAT PIPSC updates the Equity Statement to make it more inclusive and representative of the diverse membership we serve by modifying the following clause as shown below:

Clause in its present form:

Discriminatory speech or conduct which is racist, sexist, transphobic, or homophobic hurts and divides us. So too, does discrimination on the basis of disability, age, class, religion, language and ethnic origin.

Proposed extended clause (new and modified terms are underlined)

Discriminatory speech or conduct that targets individuals based on race, sex, gender,  ethnic origin,  , language, age, cultural  and  educational backgrounds, religious and other enlightenment conscious practices,  medical treatment and prophylactic preferences harms and divides us.

BE IT FURTHER RESOLVED PIPSC Revise Union's messaging related to the religious backgrounds to include non-scriptural ways of spirituality such as First Nations ways of living, karmic laws followers, and other spiritual and conscience practices not connected to churches or religious leaders.

RSC: No Comment

Legal: Recommend to be ruled out of order

PIPSC equity statement in adherence with legal requirement.  As a non-profit organization incorporated under the Canada Not-for-profit Corporations Act, PIPSC is required to comply with existing legislation regarding discrimination. The Institute does not have the discretionary power to alter the legal definition of discrimination or add grounds of discrimination that are not recognized by law. Any attempt to do so would contravene the organization's legal obligations and would therefore be invalid. PIPSC must adhere to the grounds of discrimination defined by applicable legislation and cannot unilaterally adopt new ones through an internal resolution.

P-23 - Use of Non-Divisive Imagery on PIPSC Public-Facing Websites (E)

Sponsored by Dmitry Gorodnichy (member) | Disposition:

Whereas Through Spring and Summer 2024, PIPSC used the image of a person in mask on its website frontpage which  can be perceived by certain PIPSC member demographics as promoting  mask mandates and particular political messages, which are not welcomed by all members,  

BE IT RESOLVED THAT PIPSC avoids using the images in its public communications that bring division among its members. This can be achieved by consulting members representing different (political, cultural, education) demographics.

RSC: No Comment

P-24 - Address High Fear of Reprisal Among Professionals Working on Policies Affecting All Canadians (E)

Sponsored by Dmitry Gorodnichy (member) | Disposition:

Whereas PIPSC mandate is to provide the highest quality representation to members by “vigorously safeguarding and promoting professional standards”

Whereas PIPSC supports the largest number of professionals in Public Sector (over 70,000 members)

Whereas among all professionals that PIPSC supports there is a very small but very important group of professionals (estimated as less than 1000) who provide professional expert advice and recommendations for the medical products and policies that affect all Canadians (over 40 million people.

Whereas Canadians must be ensured that professionals who provide professional expert advice and recommendations for the medical products and policies that affect all Canadians work in environment that is free of political and industry interference, which according to PSES results and PHAC reports may not be the case.

Whereas Public Service Employment Survey (PSES) 2018, 2020, 2022 results show that the fear of reprisal in the units in the PHAC Center for Emergency Preparedness and Health Canada Marketed Health Products that develop policies related to health and life security of all Canadians is one of the highest in Public Service.  

Let it be resolved that PIPSC examines the problem of very high fear of reprisal not correlated with discrimination in areas of the public service that regulate health-related products and develop health-related policies, as urgently as logistically possible, and publish its findings. This can be achieved using available resources and committees (Professional Recognition and Qualifications Committee, Science Advisory Committee, Information Technology Services and Projects Committee) using the PSES results data and PIPSC membership data.

RSC: No Comment

Finance Comment: Pending

P-25 - Transparency and update related to PIPSC Statement supporting mandatory vaccinations (E)

Sponsored by Dmitry Gorodnichy (member) | Disposition:

Be it resolved that PIPSC provides minutes and all other available documents that show who and how decided to make a Statement, which was published on October 15, 2021, supporting Mandatory Vaccination Policy, including all sources and references that were used in making the decision.

Be it further resolved that PIPSC issues a new position statement with respect to the COVID-19 vaccines that is factual,  based on all available evidence related to safety, efficacy and necessity of COVID-19 vaccines as a COVID-19 infection prophylactic measure, taking into account that “evidence” obtained from the government sources may not be fully reliable as it could have been deliberately “fit” to predefined desired narrative.

RSC: No Comment

Legal: Comment Pending

2024 AGM Resolutions - Late

Source:  https://pipsc.ca/about/governance/agm/2024/late-resolutions 

L-01 - Election Transparency Improvement Across all Groups and Regions (E)

Sponsored by Dmitry Gorodnichy (member)  | Disposition:

Whereas the resolution for 2023 PIPSC AGM P-12 - Election Transparency Improvement (E) Sponsored by Steve Anderson  proposed  a motion requiring a policy change that all constituent bodies divulge their full election results (total ballots cast, the vote tally of each candidate)

Be it resolved that PIPSC recommends that all Union Regions and all Groups update their policies to ensure that full election results (total ballots cast, the vote tally of each candidate) are made known for all held elections.

RSC: No Comment

L-02 - Support for Members Right to Informed Consent, Bodily Autonomy and Confidentiality of Their Health Care Information (E)

Sponsored by Dmitry Gorodnichy  | Disposition:

Be it resolved that PIPSC will NOT recommend against grievances that stem from members rights to informed consent, bodily autonomy and confidentiality of their health care information, and will challenge from the onset any further actions of the employer that infringe those rights.

Be it further resolved that PIPSC will recommend all groups to include adding the members’ right to informed consent, bodily autonomy and confidentiality of their health care information to their collective bargaining discussions.

RSC: No Comment

Legal Commment: Out of Order

While PIPSC is correct that it already has obligations to respect human rights legislation, the proposed resolution appears to go beyond general non-discrimination principles to specify particular actions. PIPSC already has existing practices and commitments, that show that it already takes its obligations under the Ontario Human Rights Code seriously and has integrated these principles into its operations.

L-04 - Transparency and Scrutiny Related to Non-Elected Union Positions (E)

Sponsored by Dmitry Gorodnichy (member)  | Disposition:

Whereas statements and actions of our Union that affect all members are issued by both elected Union Executives and non-elected Union staff. and

Whereas there may be pressures exerted by non-elected Union staff on elected Union Executives, such as from the General Counsel, Chief Operations Officer, etc.

Be it resolved that in order to increase transparency and scrutiny in the selection and oversight of non-elected Union staff, the following measures be implemented:

a) A committee of non Board members shall be established to oversee the selection of non-elected Union staff, particularly for those  positions with a total salary and compensation exceeding $140,000 per year. This committee will review the qualifications and backgrounds of candidates and provide recommendations to the Union. Biographies and resumes for all candidates of these positions shall be made available to the scrutinizing committee for recommendations.

b) Individuals who have worked for or campaigned in support of any political parties or lobbying organizations shall be ineligible for non-elected Union positions. However, those already employed in such positions may be grandfathered into their existing roles.

c) All communications issued by the Union, including private and confidential ones, must be signed by identifying the names and titles of all individuals who contributed to or approved the communication.

RSC: No Comment

Four resolutions have been previously submitted last year, however were not discussed (see  see clarifications from RDS).
This is why I decided to resubmit them again this year, because the issues remained.

L-05 (formerly 2023 P-12) - Term Limits for FULL TIME Board of Directors and Groups Executives (E)

WHEREAS the full time Board of Directors and group executive plays a crucial role in the governance and decision-making of PIPSC; and

WHEREAS it is essential to ensure the Full time Board and Group Executive remains dynamic, diverse, and responsive to the evolving needs and challenges facing Professional Institute of the Public Service of Canada; and

WHEREAS instituting term limits for Full Time Board members and Group Executives can promote fresh perspectives, foster leadership development, and enhance accountability within the Board; and

WHEREAS best governance practices often recommend implementing term limits for Board members as a means to prevent stagnation and promote the infusion of new talent and ideas; and

WHEREAS the current absence of term limits for Board members has the potential to hinder the achievement of these objectives;

WHEREAS this resolution was proposed last year for the discussion at the National AGM 2023 but was never discussed, and the issue remained;

THEREFORE BE IT RESOLVED that the Full Time Board of Directors and Group Executives of PIPSC hereby approves the adoption of term limits for its Board members effective immediately;

BE IT FURTHER RESOLVED that the term limits shall be as follows:

• Each Full Time Board member and Group Executive shall serve a maximum of two (2) consecutive terms;

• Following the completion of two consecutive terms of service, a full time board member may be eligible for reappointment to the Board after a break in service of at least one (1) term;

• Current Board members who have already served beyond the specified term limits shall be eligible to complete their current term but shall not be eligible for reappointment beyond that term; and

BE IT FURTHER RESOLVED that the Board of Directors and Group Executives shall establish a transition plan to implement these term limits, including a schedule for the phased introduction of these limits to ensure continuity and an orderly transition;

BE IT FURTHER RESOLVED that the Advisory Committee shall be responsible for overseeing the implementation of term limits and shall be tasked with developing and maintaining a transparent process for Full Time Board members’ appointments and reappointments in compliance with these limits;

BE IT FURTHER RESOLVED that this resolution shall be communicated to all of the membership and incorporated into the Bylaws of the Professional Institute of the Public Service of Canada as soon as practicable;

BE IT FURTHER RESOLVED that this resolution shall be reviewed periodically to assess its effectiveness and may be amended or repealed by a majority vote of the AGM;

BE IT FINALLY RESOLVED that this resolution shall take effect immediately upon its passage.

RSC: No Comment 

L-06 (formerly 2023 P-14) - Election Transparency Improvement (E)

Whereas some PIPSC constituent bodies do not divulge the results of their Executive elections, beyond naming those who were successfully elected;

Whereas PIPSC holds democracy and transparency as ideals to be strived towards;

Whereas an ever-increasing number of elections held within PIPSC are done so electronically;

Whereas it is increasingly easy to tabulate election results, such as how many ballots were cast in total, how many votes each candidate received, etc.;

Whereas some constituent bodies have decided that they won’t give out full election results because it may be embarrassing for the candidates who did not win, and it might discourage members from putting their names forward as candidates in the future;

Whereas this arguably paternalistic action can have the opposite effect when the same Executive members get elected repeatedly, year after year, and other candidates are left to wonder how relatively well they did in the election and how many more votes they needed to win a position;

Whereas some select PIPSC members somehow find out the approximate and relative vote totals of all or some of the candidates over time – but at least some of the candidates themselves can be left in the dark;

Whereas informal distribution of election results unnecessarily opens the door to doubt and mistrust in PIPSC elections;

Whereas the suggested remedy recommended by at least one constituent body is for a member to attempt to pass a motion to change the practice of announcing winners only, at that respective constituent body’s AGM the following year;

Whereas it will simplify and increase consistency and fairness across the Institute if the PIPSC AGM passes a motion requiring a policy change that all constituent bodies divulge their full election results (total ballots cast, the vote tally of each candidate) to all those present immediately after the election outcome is known;

WHEREAS this resolution was proposed last year for the discussion at the National AGM 2023 but was never discussed, and the issue remained;

Therefore, be it resolved that under the “PIPSC Policy on Structure and Function of Constituent Bodies”, Appendex A “Guidelines on Constituent Body Elections”, Point 3 “Procedures”, the sixth bullet be changed,

- From -

“The Elections Committee shall be responsible for the tabulation of all ballots (including verification) and will release results per the wishes of the relevant Constituent Body.”

- To -

“The Elections Committee shall be responsible for the tabulation of all ballots (including verification), and will announce, to all those present in the meeting, the number of ballots cast and the number of votes each candidate received.”

RSC: No Comment 

L-07 (formerly 2023 P-14) - Employee Medical Treatment Ethical Refusal Protection Policy(E)

Whereas, recent legal precedents have highlighted the critical importance of upholding individual Charter freedoms, as demonstrated by the Alberta Court's decision to strike down public health orders that violated these cherished rights (source: https://www.jccf.ca/alberta-court-strikes-down-public-health-orders-that-violated-charter-freedoms);

Whereas, Recent events within the Canadian Armed Forces (CAF) prompted a review of the CAF's COVID-19 vaccination policy, revealing concerns about nonconsensual medical experimentation that impacts fundamental freedoms. These concerns center around the right to liberty and security of the person, protected under Section 7 of the Canadian Charter of Rights and Freedoms. This review resulted in the conclusion that the grievors’ rights protected under section 7 were infringed and that the disputed provisions of the CAF vaccination policy are unconstitutional and therefore invalid. (source: https://www.canada.ca/en/military-grievances-external-review/services/covid19-vaccination-policy-analysis/annex-i-constitutionality.html) 

Whereas, the integrity of ethical medical practices is paramount, exemplified by the withdrawal of professional misconduct accusations against a nurse who courageously disclosed instances of vaccination injuries stemming from mass Covid-19 vaccination clinics, including cases necessitating multiple ambulance responses (source: https://www.jccf.ca/court_cases/withdrawn-professional-misconduct-accusations-withdrawn-against-nurse-who-shared-information-about-covid-19-vaccinations/); 

Whereas, serious medical conditions have been associated with the COVID-19 vaccines, including blood clotting disorders, cardiac emergencies, myocarditis, Guillain-Barré Syndrome, autoimmune disease, spontaneous miscarriages, neurological system disorders and much more; (VAERS reports and Public Health Agency of Canada ATIP request available upon request)

Whereas, it has been distressingly reported that at least one tragic suicide occurred due to a refusal for accommodation in the context of these mandates;

Whereas, the principle of informed consent is fundamental to ethical medical practice and respects the autonomy of patients.  Transparency and informed decision-making are essential to safeguard public health, underscoring concerns arising from the revelation that the CDC acknowledged their vaccine's limitations in preventing transmission, and Pfizer's omission of comprehensive testing regarding transmission cessation, leading to critical information being withheld from the public, including known adverse events.

WHEREAS this resolution was proposed last year for the discussion at the National AGM 2023 but was never discussed, and the issue remained;

Therefore, Be it RESOLVED, THAT an Employee Medical Treatment and Ethical Refusal Protection Policy be promptly established within the framework of this union, aimed at robustly safeguarding the rights of unionized employees concerning medical treatments.

Be it further RESOLVED, THAT this Policy comprehensively safeguards the rights of unionized employees and vehemently prevents any form of discriminatory or punitive actions associated with the refusal of any medical treatments.

Be it also RESOLVED, THAT the primary and overarching objective of this Policy is to steadfastly prevent further harm inflicted by unethical mandates, ensuring the promotion of ethical medical practices and the preservation of individual autonomy.

AND Be it finally RESOLVED, THAT this resolution shall take immediate effect upon approval and shall be disseminated throughout the union, encompassing all members and stakeholders, as a clear commitment to the well-being and ethical principles of our workforce as defined by the union Mandate and Values.

Section I: Right to Refuse Medical Treatments 

Every unionized employee has the unequivocal right to refuse any form of medical treatment, including vaccines and other medical procedures, without exception. This right shall be upheld without fear of reprisal, discrimination, suspension, termination, or any negative impact on employment status.

The union shall advocate for and protect the individual's right to make decisions about medical treatments in accordance with their religious and ethical beliefs. The union shall stand firm against any attempts to coerce, pressure, or enforce medical treatments against an employee's will.

Section II: Preventing Embarrassment and Punitive Actions

 The union and the employer shall collaborate to establish mechanisms that ensure unionized employees are not subjected to uncomfortable or embarrassing situations due to their religious or ethical refusals of medical treatments. This may encompass maintaining confidentiality, providing alternative work arrangements, and facilitating open channels of communication.

 The union shall actively intervene and oppose any punitive measures directed at unionized employees who choose to refuse medical treatments. The union shall engage in every effort to avert penalties, sanctions, or any adverse consequences arising from such refusals.

Section III: Communication and Education

 The union and the employer shall jointly communicate and educate unionized employees about their unwavering rights to decline medical treatments, underscored by the safeguards provided under this Policy. This information shall be conveyed through accessible means and in both official languages.

 The union shall undertake educational initiatives aimed at raising awareness among its members and leadership about the significance of respecting colleagues' ethical refusals. The union shall strive to nurture an inclusive and empathetic work culture that reveres diverse beliefs and values.

Section IV: Union Support for Affected Employees

 In the event that an employee faces adverse consequences or retaliation due to their refusal of medical treatments, the union shall provide unwavering support and advocacy. The union commits to utilizing its resources, expertise, and collective bargaining power to ensure the affected employee's rights are upheld and their interests safeguarded.

 This resolution shall take immediate effect upon approval and shall be disseminated throughout the union, encompassing all members and stakeholders. The primary aim of this Policy is to solidify the protection of religious and ethical refusals of medical treatments within the unionized workforce, promoting a harmonious and equitable workplace.

RSC: No Comment 

Submitted as amendments to other  resolutions (not published)

These late resolutions were submitted as amendments to P-22, P-24, L-04 listed above. RSC found them "Out of Order" and recommended them

L-XX - Adding “Fearless Advice” to the List of PIPSC Issues (E)

Sponsored by Dmitry Gorodnichy (member) | Disposition:

Whereas PIPSC represents a large number of public sector professionals who provide expert advice and policy recommendations impacting all Canadians;

Whereas Canadians deserve assurance that PIPSC professionals can offer expert advice and policy recommendations free from fear of reprisal or retaliation;

Whereas the Public Service Employee Survey (PSES) consistently reveals high levels of fear of reprisal among professionals in units responsible for evaluating industry products and developing health and food policies for Canadians;

BE IT RESOLVED THAT “Fearless Advice” be added to the list of issues of importance to members on the PIPSC News & Issues page (https://pipsc.ca/news-issues), with a link to a dedicated subpage created to raise awareness of this issue and report on the Union’s actions in support of fearless advice.

L-XX - Inclusion of Additional Grounds of Harassment and Discrimination in PIPSC Messaging

Sponsored by Dmitry Gorodnichy (member) | Disposition:

Whereas the current PIPSC messaging, based on the Equity Statement, addresses significant areas of harassment and discrimination but does not encompass all grounds that may affect our members. Expanding the statement to include additional grounds of discrimination—such as cultural and educational backgrounds, diverse religious beliefs, and enlightenment practices, including those of First Nations, Buddhists, and others not connected to organized religions or religious leaders, as well as differing medical treatment and prophylactic preferences—would better reflect the inclusive values of PIPSC and ensure all members feel represented and supported. This is particularly important for those experiencing harassment and discrimination on grounds not currently covered in the Equity Statement.

Whereas as a non-profit organization under the Canada Not-for-profit Corporations Act, PIPSC must comply with legislation regarding discrimination and does not have the authority to redefine or expand the legal grounds of discrimination.

BE IT RESOLVED THAT PIPSC will strive to update its messaging, where possible—including on its website, social platforms, and in spoken and written communications—to ensure that no member, regardless of their cultural or educational background, medical preferences, religious beliefs, or enlightenment practices, experiences harassment or feels discriminated against by the actions of the Union, its elected representatives, or its staff.

BE IT ALSO RESOLVED THAT PIPSC will add this issue—fair support and inclusive language for all members, regardless of cultural or educational background, religious beliefs, enlightenment practices, and medical treatment preferences—to the list of issues important to its membership. Updates on this matter can be provided through the PIPSC website’s existing “News & Issues” page, such as on the “Human Rights and Diversity” section.

BE IT ALSO RESOLVED THAT PIPSC will explore ways to update its Equity Statement to incorporate additional grounds of harassment and discrimination, in alignment with its mandate, legal obligations, and democratic processes.

L-XX - Transparency and Scrutiny Related to Non-Elected Union Positions and Union Operation (E) -

Sponsored by Dmitry Gorodnichy (member)  | Disposition:

Whereas statements and actions of our Union that affect all members are made by both elected Union Executives and non-elected Union staff. Examples include recommendations to rule member-submitted resolutions as “Out of Order” at current and past AGMs, messaging on discrimination regarding grounds not listed in the Equity Statement, advising against filing grievances related to the employer's vaccination mandate for members who wished to do so.

Whereas there may be pressures exerted by non-elected Union staff, such as from the General Counsel, Chief Operations Officer, or Legal Advisors, on elected members including elected Union Executives;

Be it resolved that in order to improve member support, transparency and scrutiny in its operation : PIPSC will endeavor to establish a Proactive Disclosure page and a Freedom of Information page,  similar to the approach taken by taxpayer-funded government organizations, to enable the disclosure of information that members may reasonably expect to access. This includes details on the operations of the Institute, the process for selecting non-elected Union staff, and any relevant internal communications within the Union.

Be it also resolved that All communications issued by the Union to members, including private and confidential ones, must be signed by identifying the names and titles of all individuals who wrote to or approved the communication.

Correspondence with RSC

---------- Forwarded message ---------

From: Dmitry O. Gorodnichy <dmitry.gorodnichy@gmail.com>

Date: Sat, Nov 9, 2024 at 5:12 AM

Subject: 3 NEW LATE RESOLUTIONS - Re: Amendments to resolutions P-22, P-24, L-04

To: Resolutions AGM <resolutions@pipsc.ca>

Thank you very much for your guidance on this.

Following your advice, please find attached three late resolutions.

Acknowledgement of receipt will be appreciated

Thank you

Dmitry

On Fri, Nov 8, 2024 at 8:01 AM Resolutions AGM <resolutions@pipsc.ca> wrote:

Hello Dmitry,

Please see the rulings on your three (3) submitted amendments:

1. P-22: the original resolution is out of order so there is no way to move a amendment to it unless the Assembly overturns the ruling of the Chair.  The amended version, however,  could be a late resolution on its own. 

2. L-04: The amendment is out or order (changes intent/outside the scope of the original resolution) However, it could be a new resolution

3. P-24: The amendment is out of order (changes intent/outside the scope of the original resolution). The amended version, however,  could be a late resolution on its own. 

Regards, 

On Wed, Nov 6, 2024 at 11:38 AM Dmitry O. Gorodnichy <dmitry.gorodnichy@gmail.com> wrote:

Dear colleagues , please find attached.

Thank you

--

Dmitry