Wednesday January 6, 2016 Board of Health Meeting Minutes

The Board of Health of Wellington-Dufferin-Guelph Public Health Unit met at 4:00 p.m. at the Fergus Office.

Members in attendance were: Mr. Doug Auld (2015 + 2016 Chair), Ms. Margaret Abbink, Mr. William Baxter, Ms. Christine Billings, Mr. George Bridge, Ms. Rose Ann Doyle, Mr. Guy Gardhouse, Ms. June Hofland, Mr. Dennis Lever, Mr. Keith Perron, Ms. Laura Ryan, Ms. Nancy Sullivan, Mr. Allen Taylor and Mr. Chris White.

Member(s) with regrets: Mr. Mark MacKinnon.

Ex-officio member(s) in attendance: Dr. Mercer, Medical Officer of Health & CEO.

Staff members in attendance were: Ms. Elizabeth Bowden, Ms. Andrea Roberts, Ms. Rita Sethi, Mr. Rob Thompson, Ms. Marie Carriere, Mr. Tom Craig, Mr. David George, Ms. Shanna O’Dwyer and Ms. Sylvia Muir (Recording Secretary).

Guests in attendance were: Ms. Jamie Myslik (The Wellington Advisor) and Ms. Robin-Lee Norris (Solicitor, Miller Thomson).

1.0 Call to Order and Introductions of New Board Member(s)

D. Auld called the meeting to order at 4:00 p.m.

2.0 BOH Governance Review:

►Avoiding the Landmines: A Review of Recent Case Law and Proposed Legislative Changes Impacting Directors’ Liability in Ontario.

R. Norris provided the following update on new legislation that will impact Board members:

Public Sector and MPP Accountability and Transparency Act, 2014 (also known as Bill 8)

  • Act will affect the MUSH sector (Municipalities, universities, school boards and hospitals as well as long-term care homes, children’s aid societies and police services).
  • Act will accommodate the process of complaints and gives the Ombudsman very broad powers to investigate complaints. Act is meant to provide a transparent and public process that addresses concerns raised by the public.
  • Municipalities are now affected by the Act. Municipally elected BOH members are now accountable to all the boards they sit on as well as to their councils.
  • The Act will also apply to members of the BOH as well as staff. As of January 1, 2016, an elected official can receive a complaint for their BOH participation. The Ombudsman cannot investigate the respective BOH but can investigate the elected official that sits on the BOH and their participation in the BOH Closed Session components of the meetings.
  •  Intent of this Act is not to replace our current P&Ps. Complaint must go through internal processes prior to going to the Ombudsman for resolution.
  • MT is keeping a close eye on how this Act will play out and possibly impact the BOH members

.Ontario Court of Appeal Decision – Hopkins vs. Kay re Unauthorized Access to Personal Health Information

  • Ontario Court of Appeal Decision - Common law tort on intrusion on seclusion (you released private information that you were a custodian of). Therefore, you can be sued in common law despite the privacy acts.
    Bring Your Own Device and Bring Your Own Cloud – Data Security Device Breaches
  • There are a number of cases being launched with respect to data security device breaches.
    New Legislation for E-Cigarettes and Medical Marijuana
  • New legislation will increase WDGPH’s workload and liability.
    The Accessibility of Ontarians with Disabilities Act (AODA
  • January 1, 2016 enforcement for small corporations commences.

Materials are available on request. BOH members to advise Dr. Mercer who will obtain information from MT.

Discussion took place around the handling of declaring a conflict of interest. R. Norris advised that she would like the BOH to reference our own policy statements together with the legislation.

It was agreed to add the following statement on the BOH Agenda for future meeting – “Disclosure of Pecuniary Interest”. It was further agreed that if a member arrives late, that the Chair should ask that individual, as soon as reasonably practical after their arrival, if they have a conflict of interest on a particular matter being addressed on the Agenda.

(4:45) R. Norris left meeting.

3.0 2015 Inaugural Meeting

Elect Chair

Nominations for the position of Board Chair were opened by D. Auld.

C. White nominated D. Auld as Chair.
L. Ryan seconded the nomination.
D. Auld accepted the nomination.

 

MOTION: “To close the nominations for the position of Chair.”
Moved: D. Lever
Seconded: J. Hofland
CARRIED
 
 
The Chair continued on with the election of the Vice-Chair.
Elect Vice-Chair
M. Abbink nominated N. Sullivan as Vice-Chair.
J. Hofland seconded the nomination.
N. Sullivan accepted the nomination.
 
 
MOTION: “To close the nominations for the position of Vice-Chair.”
Moved: L. Ryan
Seconded: G. Bridge
CARRIED
 
 
Elect Secretary-Treasurer
Secretary-Treasurer is also automatically the Chair of the Finance Committee.
N. Sullivan nominated D. Lever as Secretary-Treasurer.
J. Hofland seconded the nomination.
D. Lever accepted the nomination.
 
MOTION: “To close the nominations for the position of Secretary-Treasurer.”
Moved: L. Ryan
Seconded: K. Perron
CARRIED
 
Establish Membership for Standing Committees
BOH Chair advised that he would like to be a member of the Personnel; Facilities; Finance; and Audit Committees.
 
 
Personnel Committee
Personnel Committee members were selected as follows:
 
Personnel Committee:                        2016
 
Representing Wellington                     Doug Auld
Representing Wellington                     Rose Ann Doyle
Representing Dufferin                          Allen Taylor
Representing City of Guelph               Margaret Abbink
Representing City of Guelph               June Hofland
Representing City of Guelph               Keith Perron (Chair)
Representing City of Guelph               Nancy Sullivan
 
 
Facilities Committee
Facilities Committee members were selected as follows:
 
Facilities Committee:                          2016
 
Representing Wellington                     Doug Auld
Representing Wellington                     George Bridge
Representing Wellington                     William Baxter
Representing Dufferin                          Allen Taylor (Chair)
Representing Dufferin                          Guy Gardhouse
Representing City of Guelph               Margaret Abbink
Representing City of Guelph               Mark MacKinnon
 
 
Finance Committee
The Secretary-Treasurer is automatically the Chair of the Finance Committee. Therefore, K. Perron is the Finance Committee Chair.
Finance Committee members were selected as follows:
 
Finance Committee:                          2016
 
Representing Wellington                   Doug Auld
Representing Wellington                   Dennis Lever (Chair)
Representing Wellington                   Chris White
Representing Wellington                   Rose Ann Doyle
Representing City of Guelph             Christine Billings
Representing City of Guelph             Keith Perron
Representing City of Guelph             Nancy Sullivan
 
 
Ad Hoc Audit Committee
Audit Committee members were selected as follows:
 
Ad Hoc Audit Committee:            2016
 
Representing Wellington               Doug Auld
Representing Wellington               George Bridge
Representing Wellington               William Baxter
Representing Dufferin                    Guy Gardhouse
Representing City of Guelph         June Hofland (Chair)
Representing City of Guelph         Mark MacKinnon

 

MOTION: “To accept the 2016 membership of the Personnel, Facilities, Finance & Ad Hoc Audit Committees, as stated above.”
Moved: C. Billings
Seconded: G. Bridge
CARRIED
 
 
Elect Personnel Chair
A. Taylor nominated K. Perron as Personnel Committee Chair.
J. Hofland seconded the nomination.
K. Perron accepted the nomination.
 
MOTION: “To close the nominations for the position of Personnel Committee Chair.”
Moved: C. Billings
Seconded: M. Abbink
CARRIED
 
Elect Facilities Chair
K. Perron nominated A. Taylor as Facilities Committee Chair.
M. Abbink seconded the nomination.
A. Taylor accepted the nomination.
 
MOTION: “To close the nominations for the position of Facilities Committee Chair.”
Moved: L. Ryan
Seconded: C. White
CARRIED
 
Elect Audit Chair
G. Gardhouse nominated J. Hofland as Audit Committee Chair.
N. Sullivan seconded the nomination.
J. Hofland accepted the nomination.
 
MOTION: “To close the nominations for the position of Audit Committee Chair.”
Moved: K. Perron
Seconded: J. Hofland
CARRIED
 
Dates and Times of Regular Meetings
The Board generally meets at 4:00 p.m. on the first Wednesday of each month, except in July and August. 
 
Therefore the dates for 2015 would be:
 
February 3rd                        September 7tth
March 2nd                           October 5tth
Apriill 6tth                           November 2nd
May 4tth                              December 7tth
June 1stt
 
MOTION: “To set meeting dates for 2016, as noted above.”
Moved: C. Billings
Seconded: J. Hofland
CARRIED
 
Board Remuneration
Board remuneration, set out under Section 4 of By-Law No. 1 of the Board of Health for the Wellington-Dufferin-Guelph Health Unit, and more particularly in Board of Health Policy CA.42.01.100, will continue.
 
Appoint Auditors
In accordance with the Municipal Act, Public Health is required to use the auditor of the largest municipal funder, which in this case is the City of Guelph. Therefore, WDGPH’s Auditor for 2015 is KPMG.
 

4 Approval of Agenda

 

MOTION: “To approve the Agenda and any Addendums distributed for the January 6, 2016 BOH meeting, as presented.
Moved: G. Gardhouse
Seconded: N. Sullivan
CARRIED

5.0 Approval of Minutes

MOTION: “To approve the Minutes of December 2, 2015 – not including the December 2, 2015 Closed Session Minutes.”
Moved: A. Taylor
Seconded: L. Ryan
CARRIED

6.0 Presentation(s)

Update on Syrian Refugee Arrivals

Dr. Mercer provided the following update:

  • The Federal Government committed to welcoming 10,000 Refugees by the end of December 2015 and a total of 25,000 by the end of February 2016.
  • There are government assisted refugees and privately sponsored refugees. 
  • Internally, WDGPH has implemented an internal committee that D. George is the lead on. This Committee is connected provincially and locally and is receiving updates on a daily basis from the MOHLTC EMB, WWLHIN and CWLHIN. The Committee is
    also connected with the local MPs/community/immigration groups to better understand local needs for WDGPH services.
  • WDGPH is prepared and will be reaching out to sponsoring groups/organizations to provide information on what services Public Health can provide.
  • WDGPH is currently aware of 2 Syrian Refugee families in Guelph.
  • Estimated numbers for Guelph-Wellington are 60-75 families (300-400 people) and for Dufferin are 4+ families (20+ people). 

Dr. Mercer to provide a monthly update to the BOH on the Syrian Refugee arrivals

  • MOHLTC Discussion Paper provides the MOHLTC’s vision for the Province’s future healthcare.
  • Many parts of the Paper do not comment specifically on Public Health. Pages 19 and 20 of the Paper do speak to Public Health.
  • Terms/language used throughout the Paper, when discussing Public Health, require further clarification.

(5:20) R. Thompson left meeting.

  • The Paper is a high-level document and does not speak to the funding details or distribution processes of Public Health monies.
  • Deadline for BOH responses to the MOHLTC on this Paper is February 29, 2016.

(5:29) L. Bowden left meeting.

  • alPHa has circulated a survey to members of Boards of Health, the results of which will be incorporated into a response from alPHa to the MOHLTC.
  • If implemented, the Paper/Proposal will have legislative, corporate, structural and operational implications for the LHINs and healthcare service providers across the care continuum.
  • BOH agreed to refer the task of drafting a response to the Paper to the Executive Committee and for the Executive Committee to bring the draft response back to the February 3, 2016 BOH meeting for approval.
MOTION: “To refer the matter of drafting a response to the MOHLTC Discussion Paper to the Executive Committee and that a draft response be provided to the BOH at the February 3, 2016 meeting and that this matter will be identified on the BOH Agenda in both Open and Closed Session.” Moved: G. Bridge
Seconded: C. Billings
CARRIED

7.0 Business Arising

  • NONE.

8.0 Consent Agenda

  • NONE

9.0 BOH Report(s)

  • NONE.

10.0 Committee (Verbal) Report(s)

AUDIT COMMITTEE REPORT:

  • No update.

FACILITIES COMMITTEE REPORT:

  • No update.

FINANCE COMMITTEE REPORT:

  • No update.

EXECUTIVE COMMITTEE REPORT:

D. Auld, Executive Committee Chair, provided an update:

  • Executive Committee met on Dec 15/15 to review/discuss Office Hours – Christmas Closure Motion.
  • The Executive Committee approved a one-day closure (Dec 29/15) with pay for all employees.

The following Motion(s) was passed in Open Session at the Executive Committee meeting of Dec 15/15:

(a) MOTION: “To authorize and direct Dr. Mercer, MOH & CEO to close the WDGPH offices, for a full day on Tuesday December 29, 2015, and to grant all employees the time off with pay.”
Moved: K. Perron
Seconded: J. Hofland
CARRIED

Motion passed at the Jan 6/16 BOH Meeting:

 

(a) MOTION: “That the Board of Health ratifies the decision of the Executive Committee to authorize and direct Dr. Mercer, MOH & CEO, to close the WDGPH offices, for a full day on Tuesday December 29, 2015, and to grant all employees the time off with pay.”
Moved: C. White
Seconded: D. Lever
CARRIED

11.0 Correspondence

  • Tracy MacCharles, Minister, Ministry of Children and Youth Services, Response Letter to WDGPH Healthy Babies Healthy Children (HBHC) Program.
MOTION:
(a) “That the Board of Health receive the above-noted Correspondence.”
Moved: L. Ryan
Seconded: J. Hofland
CARRIED

12.0 CLOSED SESSION

  • To approve the December 2, 2015 Closed Session BOH Minutes.
  • Results of the 2015 Board of Health Self-Assessment Survey.
  • Executive Committee Report from Chair – Dec 15/15:
    ► Legal Memorandum re Potential Litigation.

(5:47)

 

MOTION: “To move into Closed Session to approve the December 2, 2015 Closed Session Minutes; to review the Closed Session Results of the 2015 BOH Self-Assessment Survey; and to review Closed Session Legal Memorandum re Potential Litigation.”
Moved: L. Ryan
Seconded: C. White
CARRIED

CLOSED SESSION

Members in attendance were: Mr. Doug Auld (Chair), Ms. Margaret Abbink, Mr. William Baxter, Ms. Christine Billings, Mr. George Bridge, Ms. Rose Ann Doyle, Mr. Guy Gardhouse, Ms. June Hofland, Mr. Dennis Lever, Mr. Mark MacKinnon, Mr. Keith Perron, Ms. Laura Ryan, Ms. Nancy Sullivan and Mr. Chris White.
Member(s) with regrets were: Mr. Mark MacKinnon.
Ex-officio member(s) in attendance were: Dr. Mercer, Medical Officer of Health & CEO.
Staff member(s) in attendance were: Ms. Elizabeth Bowden, Ms. Andrea Roberts, Ms. Rita Sethi, Mr. Rob Thompson and Ms. Sylvia Muir (Recording Secretary).
Guest(s) in attendance were: NONE.

CLOSED SESSION MINUTES TO BE PROVIDED UNDER SEPARATE COVER.

Returned to Open Session.

(6:20)

MOTION: “To Ratify the Closed Session Decisions of the January 6, 2016 Board of Health meeting.”
Moved: J. Hofland
Seconded: D. Lever
CARRIED

Item brought forward from Closed Session
Results of 2015 BOH Self-Assessment Survey to be brought to the March BOH meeting.

Motion(s) brought forward from Closed Session

MOTION: “That the Board of Health accepts/ratifies the directions taken by the Executive Committee with respect to the Potential Litigation matter and the MOH Goal-Setting Process for 2016.”
Moved: L. Ryan
Seconded: K. Perron
CARRIED

13.0 Adjournment

The meeting was adjourned at 6:20 p.m.

MOTION: “To adjourn the meeting.”
Moved: K. Perron
Seconded: M. Abbink
CARRIED: