By‐Laws April 2015 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. DEFINITIONS ............................................................................................................................ 2 CORPORATE SEAL .................................................................................................................... 3 HEAD OFFICE ........................................................................................................................... 3 ELECTORAL DISTRICTS .............................................................................................................. 3 FORMS .................................................................................................................................... 3 REGISTRATION AND NURSE PRACTITIONER EXAMINATIONS .................................................... 3 FEES ......................................................................................................................................... 4 EXPENSES ................................................................................................................................ 4 COUNCIL .................................................................................................................................. 5 PRESIDENT AND PRESIDENT‐ELECT .......................................................................................... 5 COUNCIL POSITION VACANCIES ............................................................................................... 6 EXECUTIVE DIRECTOR .............................................................................................................. 6 NURSING STUDENT REPRESENTATIVE ...................................................................................... 6 MEETINGS OF THE COUNCIL ..................................................................................................... 7 COMMITTEES ........................................................................................................................... 7 NOMINATIONS AND ELECTIONS OF RN REPRESENTATIVES ....................................................... 8 APPOINTMENT OF PUBLIC REPRESENTATIVES ........................................................................ 10 RESOLUTIONS ........................................................................................................................ 11 ANNUAL GENERAL AND SPECIAL MEETINGS ........................................................................... 11 VOTING AT ANNUAL GENERAL AND SPECIAL MEETINGS ........................................................ 12 PROCEDURES AT MEETINGS ................................................................................................... 12 LIABILITY PROTECTION .......................................................................................................... 12 CODE OF ETHICS, STANDARDS, AND COMPETENCIES ............................................................. 12 NOTICES ................................................................................................................................ 13 TRANSITIONAL PROVISIONS .................................................................................................. 13 By‐Laws Relating to the Activities and Operation of the College of Registered Nurses of Nova Scotia References in this document to the Act, Regulations and By‐Laws, refer to the Registered Nurses Act (2006), and the Regulations (2009) and By‐Laws made under the Act. 1. DEFINITIONS (1) “Council Code of Conduct policy” means the policy approved by Council governing the conduct of Council members. (2) “College employees” means individuals employed on a full‐ or part‐time basis by the provincial office of the College; but does not include independent contractors, consultants or facilitators who otherwise provide services to the College. (3) “Election date” means the date upon which the next election of councillors shall be held and the hour on that day fixed as the deadline for receipt of ballots, as determined by Council at the annual general meeting each year. (4) “Electoral district” means one of four (4) divisions of the province based on geographical and other pertinent considerations as set out in By‐Law 4. (5) “In good standing” means the status of a member who has no current licensing sanctions, conditions or restrictions on their licence to practice nursing, or is not subject to any voluntary undertakings that limit their practice of nursing. (6) “Resolution” means a request for Council to consider a matter in accordance with By‐Law 16. (7) “Scrutineers” means individuals or organizations appointed by the President to count votes at meetings or elections held by the College; excludes College employees, independent contractors and consultants providing services to the College. (8) “Voting body” means all the voting delegates. (9) “Voting delegates” means those members who: (a) are not College employees, Council members or scrutineers, and who have been verified as active‐practising members by the College, by either: (i)
pre‐registering for a relevant onsite meeting no later than one week prior to the meeting; (ii)
pre‐registering for a relevant webcast meeting no later than 48 hours prior to the meeting; or (iii)
registering at the door on the day of a relevant meeting; and (b) have registered to vote prior to a poll taken at the commencement of a relevant meeting. 2
2. 3. 4. (1) (2) (3) CORPORATE SEAL The seal of the College shall have the words “COLLEGE OF REGISTERED NURSES OF NOVA SCOTIA INCORPORATED 1910” endorsed thereon. HEAD OFFICE The head office of the College shall be maintained within the province of Nova Scotia and located as to reasonably carry on the business of the College. ELECTORAL DISTRICTS The province shall be divided into four (4) electoral districts based on geographical and other pertinent considerations. Members shall be deemed to be a member of the electoral district that includes the mailing address of the member, as shown on the College’s registration database. The electoral districts of the College shall be the: 
5. 6. (1) Western District (includes Yarmouth, Shelburne, Digby, Queens, Annapolis, Lunenburg, and Kings counties);  Eastern District (includes Guysborough, Antigonish, Richmond, Inverness, Victoria and Cape Breton counties);  Northern District (includes East Hants and Colchester, Cumberland and Pictou counties); and  Central District (includes Halifax county and West Hants). FORMS Any forms required pursuant to the Act, Regulations or By‐Laws shall be as approved by the Executive Director. REGISTRATION AND NURSE PRACTITIONER EXAMINATIONS Registration examinations that are a prerequisite for registration pursuant to the Act or the Regulations are the:  Canadian Registered Nurse Examination (until up to and including the October 1, 2014 CRNE);  National Council Licensure Examination® (beginning January 1, 2015);  National Council Licensure Examination® (1982 to December 31, 2014, effective September 23, 2014); and  College of Registered Nurses of Nova Scotia RN Jurisprudence Examination (beginning September 2013). 3
(2) (3) (4) (5) (6) (7) 7. (1) (2) (3) (4) 8. Nurse practitioner examinations that are a prerequisite for nurse practitioner licensure pursuant to the Act or Regulations are the:  Canadian Nurse Practitioner Examination – Family/All Ages; or  American Nurses Credentialing Center – Adult NP Exam; or  American Nurses Credentialing Center– Pediatric NP Exam; or  l’Ordre des infirmières et infirmiers du Quèbec (OIIQ) Neonatal NP exam; and  College of Registered Nurses of Nova Scotia RN and NP Jurisprudence examinations (beginning September 2013). Each candidate for the registration or nurse practitioner examinations shall be required to pay the examination fees as approved by Council. All candidates successful in the registration examinations shall further be required to pay the current registration fee to effect registration in the College. All candidates successful in the nurse practitioner examinations shall further be required to pay the current fee to effect nurse practitioner licensure in the College. With the exception of the jurisprudence examinations, candidates shall have a maximum of three (3) opportunities to pass either the registered nurse (RN) or nurse practitioner (NP) examinations. The first writing of a registration/licensure exam shall be at the earliest reasonable opportunity following a candidate’s eligibility to write. Candidates who do not pass the first write of a registration/licensure examination shall have a maximum of two (2) further opportunities to write the examination in the 24 month period immediately following their first writing. There shall be no limitation on the number of opportunities for candidates to write the RN or NP jurisprudence exams. FEES The fees for registration and licensure in a particular roster or rosters of the College shall be determined by the Council. The fee(s) for entry in the requested roster or rosters must be paid by each member prior to the start of a licensure period, as determined by Council, in order to ensure entry in the requested roster(s) for that licensure period. Members who do not pay the fees as required under By‐Law 7(1) and (2) shall forfeit all rights and privileges of their applicable rosters until licensing and/or reactivation fees are paid. All other fees shall be as determined by Council. EXPENSES The College shall pay to persons who serve on the Council or committees of the College such salary replacement, honoraria and out‐of‐pocket expenses incurred in attending required meetings, as approved by Council. 4
9. (1) COUNCIL The Council of the College shall consist of: (a)
(b)
(c)
(d)
(2) (3) (4) (5) (6) (7) 10. (1) (2) the President; the President‐Elect; four (4) District Councillors; one from each electoral district pursuant to By‐Law 4(3); and three (3) public representatives; appointed by Council in accordance with By‐Law 17. The President, President‐Elect and councillors shall be elected or appointed in accordance with the provisions of the By‐Laws. The positions of president and president‐elect shall each be limited to one (1) term. The term of the president and president‐elect shall be limited to two (2) years in each position. Except as otherwise provided herein, the term of office for elected councillors and public representatives, with the exception of the president and president‐elect, shall be three (3) years, with the option to offer for one (1) additional consecutive term. While serving as president of the College, the President shall not be eligible to be elected to the office of president‐elect. No member shall concurrently be elected to or serve in more than one (1) of the positions set out in By‐Law 9(1). Notwithstanding any other provisions of the By‐Laws, the Council may, by a two‐thirds majority vote at any Council meeting or a special meeting called for the purpose, remove the President, President‐Elect or any district councillor or public representative of Council, or nursing student representative, before the expiration of their term of office, and may, by a two‐thirds majority vote, appoint a replacement to complete the term. PRESIDENT AND PRESIDENT‐ELECT The President shall: (a) subject to By‐Law 10(2)(a), or unless otherwise delegated, preside at all meetings of the Council and annual and special meetings of the College; (b) perform all acts related to the office; (c) act as the official spokesperson for the Council unless this function is otherwise delegated. The President‐Elect shall: (a) in the absence of the President, perform all duties of the President; (b) perform other duties as delegated by the President; (c) perform all acts related to the office unless otherwise delegated; (d) subject to By‐Law 11, be deemed to be elected to the position of president at the annual general meeting that coincides with the completion of the President‐Elect’s term. 5
11. COUNCIL POSITION VACANCIES Notwithstanding By‐Law 16: (1) If the term of office of the President‐Elect is not completed, the Council shall appoint a president‐elect. The person appointed shall hold office until June 30th of the year when the term of the President‐Elect was set to end. (2) The term of office for the President‐Elect appointed pursuant to By‐Law 11(1) shall coincide with the remaining term of office of the President. (3) If the term of office of the President is not completed, the President‐Elect, unless appointed pursuant to By‐Law 11(1), shall succeed to the office of President for the remainder of the President’s term and shall continue in the office of president for an additional term. (4) If the President‐Elect has been appointed pursuant to By‐Law 11(1), and the term of president is not completed, the Council shall appoint a president who shall hold office until the next scheduled election for president‐elect of the College, at which time an election for the offices of president and president‐elect shall take place. In the event that an election is required for the office of president pursuant to By‐Law 11(1), the Nominations Committee shall call for nominations for the position of president in the same manner as set out in By‐Law 15(4)(a), and the President shall then be elected. (5) If vacancies occur in district councillor or public representative positions, the Council shall fill such vacancies. If a Council position from an electoral district becomes vacant, a member from that electoral district shall fill the position. Any person so appointed is deemed to be completing their predecessor’s term and shall hold office until the next regular election or appointment for that position is scheduled to be held. Such time in office, when filling a vacancy, is not deemed to be a Council term as set out in By‐Law 9(4). 12. EXECUTIVE DIRECTOR (1) The Executive Director shall be a member of the College of Registered Nurses of Nova Scotia and shall perform all duties prescribed by the Act, Regulations, College By‐Laws, and Council policies, and conduct the affairs of the College in accordance with the direction of the Council. (2) The Executive Director shall be an ex‐officio member of the Council. 13. NURSING STUDENT REPRESENTATIVE (1) Council shall appoint (1) nursing student representative, for the purposes of participating in Council meetings and acting as a liaison between the College and students attending Nova Scotia schools of nursing. (2) Notwithstanding By‐Law 13(1), the nursing student representative is not a member of Council and is not entitled to vote at Council. 6
(3) (4) 14. (1) (2) (3) (4) (5) (6) (7) 15. (1) (2) (3) The nursing student representative shall be a currently enrolled baccalaureate nursing student, in good academic standing, recommended on a rotating basis by a Nova Scotia school of nursing for a two‐year term commencing in the student’s third year of study. In the event that the nursing student representative position becomes vacant, a student from the incumbent’s university shall be appointed for the remainder of the term. MEETINGS OF THE COUNCIL Meetings of the Council shall be called by the President, with not less than three meetings being held between annual general meetings. Fourteen (14) days prior to a scheduled meeting, notice in writing shall be issued to each councillor for ordinary Council meetings. A special meeting of the Council may be called by the President, and shall be called upon the written request of one‐third of the members of the Council. These requests shall include the subject(s) to be considered. At least three (3) days prior to a special meeting, notice in writing shall be issued to each Council member. The notice shall state the purpose of the meeting. No matter shall be discussed at any special meeting apart from that specified in the notice. With the exception of the Chair, each member of the Council shall be entitled to one vote at any meeting of the Council. The Chair shall not vote, except in the case of a tie. A quorum at any meeting of the Council shall be a majority of the Council. Voting at Council meetings may take place by electronic means. COMMITTEES The Council shall establish the following statutory committees: (a) Complaints Committee (b) Professional Conduct Committee (c) Education Advisory Committee (d) Registration Appeal Committee (e) Reinstatement Committee (f) Nurse Practitioner Committee (g) Interdisciplinary Nurse Practitioner Practice Review Committee (h) Fitness to Practise Committee The Council may establish such other committees as it deems necessary. Unless otherwise established in the Act or Regulations, the chairperson and members of committees shall be appointed by Council. 7
(4) (5) 16. (1) (2) (3) (4) (5) Unless otherwise established in the Act or Regulations, a quorum at any committee meeting shall be a majority of the committee members. The activities of all committees shall be conducted in accordance with the Act, Regulations, By‐
Laws and relevant policies approved by Council. NOMINATIONS AND ELECTIONS OF RN REPRESENTATIVES There shall be a Nominations Committee of three (3) members: composed of the immediate past‐president, who shall be chairperson of the committee, and two (2) others who shall be appointed by the Council for a two‐year term with eligibility for reappointment for a second term. (a) Members of the Nominations Committee shall not be members of Council. (b) If the term of office of an appointed member of the Nominations Committee is not completed, Council may appoint a replacement who shall hold office until the completion of the vacated term. (c) A quorum of the Nominations Committee shall be a majority of the members of the committee. The Council shall fix, by resolution, an election date for the election of councillors required by these by‐laws, and shall also set the deadline by which eligible ballots for the election must be received at the College. At least three (3) months prior to the election date, the Nominations Committee shall call for candidate nominations for the election pursuant to By‐Law 16(4). (a) The Nominations Committee shall strive to put forward a competitive slate of candidates that is representative of the membership. (b) Candidates shall be nominated by at least two (2) active‐practising members of the College or the Nominations Committee. For elections held in: (a) 2016 and every second year after 2016, the Nominations Committee shall call for a competitive and representative list of nominations for the position of president‐elect; (b) 2016 and every third year after 2016, the Nominations Committee shall call for a competitive and representative list of nominations for the positions of district councillors for Western and Central electoral districts; (c) 2017 and every third year after 2017, the Nominations Committee shall call for a competitive and representative list of nominations for the positions of district councillors for Northern and Eastern electoral districts; and ensure that there are nominations for such position in accordance with these By‐Laws. To be eligible for election, each candidate must: (a)
be an active‐practising member in good standing; (b)
be a resident of Nova Scotia; (c)
have signified consent in writing; (d)
be able and willing to serve fairly, impartially and in the public interest; (e)
be able to devote the appropriate time and attention to the role of district councillor or president‐elect and president; 8
(f)
(g)
(6) (7) (8) (9) (10) (11) (12) (13) have, or are willing to attain, the appropriate competencies to fulfil the role of district councillor or president‐elect and president; and be willing to contribute to the attainment of the purposes of the College. No person may be nominated for more than one (1) elected office. The Nominations Committee shall confirm its final slate of candidates no later than seven (7) weeks prior to the election date. Where councillors have not been elected by acclamation: (a) elections shall be by paper or electronic ballot. Electronic ballots shall be sent to each active‐practising member who is eligible to vote pursuant to sub‐section 8(c) and (d), no later than four (4) weeks prior to the election date. Paper ballots shall be available at the College office no later than four (4) weeks prior to the election date and distributed on request to voting members who do not have access to electronic ballots. (b) A website link shall be sent to members via the e‐mail addresses entered in the registration database. The link shall provide a ballot and profile of each election candidate. In the case of paper ballots, self‐addressed return envelopes shall be provided for their return. (c) District Councillors shall be elected by those members whose addresses in the registration database are within that district. (d) The President‐Elect and President, pursuant to By‐Law 11(4), shall be elected by all active‐practising members. Scrutineers shall be appointed by the President prior to the election, and shall: (a) not be candidates for office nor members of the Nominations Committee; (b) not vote, if otherwise eligible, in the election for which they are appointed as scrutineers; (c) count, verify and tally the ballots for the election, and provide the results to the College Executive office. As soon as practical after the deadline for submission of ballots, the Executive Director shall establish and communicate to the candidates the date and time for when ballots shall be counted. At the date and time established pursuant to By‐Law 16(10), scrutineers shall: (a) examine the ballots (b) declare invalid all ballots that have not been completed in accordance with the instructions on the ballot; and (c) make a record of the entire number of votes cast for each councillor. The candidates who receive the greatest number of votes shall be declared elected for their respective positions. If two (2) or more candidates for the same position receive an equal number of votes, the Chair of the Nominations Committee shall cast the deciding vote. For elections conducted by paper ballot and held at the College offices, all or any of the candidates for election are at liberty to: (a) be present at the time the envelopes are opened and the votes counted, and 9
(b) (14) (15) (16) (17) (18) 17. (1) (2) (3) within three (3) days post‐notification of candidates, and prior to the annual general meeting, examine all ballots in the presence of at least two (2) scrutineers selected for that purpose by the President, who were not the election scrutineers, to satisfy themselves that the ballots have been properly completed and counted. For electronic ballot elections, all or any of the candidates for election are at liberty to within three (3) days post‐notification of candidates, and prior to the annual general meeting, verify the online vote tabulation results to satisfy themselves that the ballots have been properly completed and counted. The outcome of an election shall be: (a) provided by notice to the candidates as soon as available; (b) announced at the annual general meeting; and (c) published in a College newsletter and on the College website. The ballots used at an election shall be destroyed following the announcement of the election outcome at the annual general meeting. Candidates shall assume office effective July 1 in the year of their election. The Council may make rules for elections and voting provided they are not in conflict with the foregoing. APPOINTMENT OF PUBLIC REPRESENTATIVES Council shall appoint a Committee on Appointments to provide recommendations to Council regarding the appointment of public representatives to Council. The Committee on Appointments shall: (a) publicly advertise to invite expressions of interest in service as a public representative on the Council; (b) conduct a review process to nominate potential public representatives for Council approval; and (c) ensure that nominated public representatives meet all criteria required by Council, including complying with all of the following: (i)
they are not, and have never been, a registered nurse, (ii)
they are able and willing to serve fairly, impartially and in the public interest, (iii)
they are able to devote appropriate time and attention to the role of public representative, (iv)
they have, or are willing to attain, the appropriate competencies to fulfil the role of public representative, (v)
they are willing to contribute to the attainment of the purposes of the College. Council must consider all nominated persons recommended by the Committee on Appointments and appoint public representatives to fill any vacancies on Council. 10
18. (1) (2) 19. (1) (2) (3) (4) (5) (6) (7) RESOLUTIONS A resolution shall only be considered by Council where the resolution is: (a) consistent with the objects of the Act and within the jurisdiction of the College; (b) submitted by an active‐practising member, and seconded by another active‐practising member, at least 90 days prior to an annual general meeting; and (c) passed at an annual general meeting. Where a resolution has been passed in accordance with By‐Law 18(1), Council shall act upon the resolution in a manner that is consistent with the objects of the Act and within the jurisdiction of the College. ANNUAL GENERAL AND SPECIAL MEETINGS An annual general meeting shall be held at a time and place determined by the Council, with an agenda approved by Council. The agenda shall include the following: (a)
approval of the minutes of the previous annual general meeting; (b)
annual reports from the President and Executive Director; (c)
an auditor’s report; (d)
business arising from the previous annual general meeting; (e)
matters to be voted upon pursuant to By‐Law 19(4); and (f)
any other matters as determined by Council. At least 21 days prior to a meeting date, members shall be issued a notice of the meeting, indicating the time and place of the meeting, the agenda for the meeting, and copies, if any, of resolutions proposed pursuant to By‐Law 18(1). The following matters shall be voted upon at an annual general meeting: (a) motions arising out of the business of the annual general meeting; (b) resolutions proposed pursuant to By‐Law 18(1), and related motions arising out of such resolutions; and (c) any other motion consistent with the objects of the College where at least two‐thirds of the voting body approve of the motion being brought forward. The results of voting on all resolutions and motions at an annual general meeting or special meeting of the College shall be determined by a majority of the voting body. A quorum at an annual general meeting or special meeting of the College shall be a majority of the voting body in attendance. Special meetings of the College shall be called to deal with unusual or extraordinary circumstances of an immediate nature. These meetings may be called: (a)
by at least a two‐thirds majority vote of the Council; or (b)
upon receipt of written requests from a minimum of 10% of the total College members, which shall include requests from at least two electoral districts. Requests shall include the subject(s) to be considered. 11
(8) 20. (1) (2) (3) (4) (5) 21. (1) (2) (3) 22. 23. At least 14 days prior to a special meeting of the College, notice shall be issued to each member indicating the time, place and business to be transacted at the meeting. Other business shall not come before the meeting. VOTING AT ANNUAL GENERAL AND SPECIAL MEETINGS At each annual general meeting and special meeting of the College, each voting delegate shall have one (1) vote. Voting delegates who: (a) have registered to vote and are absent from the meeting room during a vote are deemed to have abstained. (b) are unable to continue in attendance at a meeting shall advise the Chief Scrutineer, forfeit their vote, and the poll count shall be adjusted accordingly. A vote shall be passed by a majority of voting delegates in attendance, according to the Chief scrutineer’s poll, at the time the vote is taken. In the case of a tie vote, the motion or resolution shall be defeated. Prior to an annual general meeting, the President shall appoint: (a) a Chief scrutineer, who shall oversee the function of scrutineers and perform such other functions as set out in these By‐Laws or otherwise determined by Council. (b) scrutineers who shall: (i) count votes on resolutions and motions during the meeting; and (ii) report in writing to the presiding officer. The Council may make rules for voting providing they are not in conflict with the foregoing. PROCEDURES AT MEETINGS Unless otherwise specified in these By‐Laws, proceedings of all meetings shall be conducted according to Robert’s Rules of Order (latest edition). Any meetings conducted pursuant to the Act, Regulations or By‐Laws may be conducted by teleconference or other electronic means. Despite other provisions of these By‐Laws, notice requirements for meetings of the Council may be waived by unanimous vote of those participating in a meeting. LIABILITY PROTECTION Each active practising member must hold and maintain liability protection through the Canadian Nurses Protective Society while holding a license to practise nursing in Nova Scotia. CODE OF ETHICS, STANDARDS, AND COMPETENCIES The Code of Ethics for Registered Nurses, Standards of Practice for Registered Nurses, Nurse Practitioner Standards of Practice, Entry‐Level Competencies for Registered Nurses in Nova 12
Scotia and Nurse Practitioner Competency Framework shall be those documents as approved by resolution of Council. 24. 25. (1)
(2)
(3)
NOTICES All notices or materials that are required to be issued pursuant to these By‐Laws shall be deemed to be issued on the date such notices or materials are sent by the most appropriate method, as determined by the Executive Director; to include mail, courier, electronic communication or any other form of issuance. TRANSITIONAL PROVISIONS Notwithstanding anything else in these By‐Laws, the Council members elected or appointed in 2014 and 2015 shall continue to hold office until their term of office expires, in accordance with the By‐Laws in place at the time of their elections or appointments. Council shall appoint one (1) public representative for a three year term beginning July 1, 2016, reducing the number of public representatives on Council to five. Council shall appoint two (2) public representatives for three year terms beginning July 1, 2017, reducing the number of public representatives on Council to three. Approved: December 5, 2006 Effective upon proclamation of the Registered Nurses Act (2006), April 1, 2009. Revised, with Council approval: May 12, 2009/ February 28, 2011/April 4, 2011/September 27, 2011/ April 3, 2012/ September 26, 2013/December 4, 2013/September 23, 2014/April 15, 2015 13