The YRNA board continues to work towards best practices in the world of board governance. In previous annual reports and updates, we have spoken about ever increasing demands of organizations and boards such as ours. These include much higher levels of accountability and transparency for the public and government from which we derive our authority.
We have posted some key background materials on modern concepts of Good Governance and Right Touch Regulation elsewhere on this site at the following link: Good Governance + Responsible Regulation. We recommend that you look over the materials to get a good sense of what is driving change. We recognize that time can be limited, so recommend you read over the webpage and at least skim over the last two links on the page to (1) the Standards of Good Regulation and (2) the first half of the Cayton Governance Report for the Law Society of British Columbia. The Cayton report provides a good overview of what is expected these days of organizations such as the YRNA. The author of that report, Mr. Harry Cayton, has been retained by the Yukon Government to assist in its own review of how health professions are or should be regulated in the Yukon. YRNA is working with government and others to assist the review.
Part of our due diligence generally, as well as to ensure compliance with our legislated mandate and the degree to which we align with principles of good governance has revealed the need for YRNA to adjust our bylaws. In particular those dealing with: the formation, composition and selection of the board; what business can be dealt with at an AGM; and how annual fees are set. The current bylaws in each of these areas do not align with the legislation and/or modern governance expectations.
This is not news to the profession. In previous communication with registrants and the public, we outlined the fact that the process for making bylaws was inconsistent with the direction and mandate set out in the Act. Under the legislation, the board must make bylaws and that power cannot be delegated. That means the provisions dealing with bylaws in general, the fee setting authority and the election process for the board itself all need revision.
At its meeting on 17 February 2022, the board passed the following motion:
· The YRNA board has been advised that certain aspects of the bylaws do not conform with the Act and with modern principals of good governance;
· The regulation of health professions in the Yukon Territory is currently under review by government and stakeholders; and
· The Board has resolved to update the bylaws to bring them in line with the legislation and public expectations
The YRNA board resolves as follows:
I Parts three through five of the current bylaws are suspended for not more than six months from the date of this resolution;
II The Board is continued in its current composition and form for the 2022/23 membership year;
III The Board directs the CEO to cause new bylaws to be drafted that will deal with the size, composition, and formation of future YRNA boards consistent with contemporary law and expectations of good governance, including, without limitations, considerations of:
· Patient safety and public protection
· Cultural safety and humility
· Skills and competency-based selection criteria recognizing such skills/competencies required of a modern regulatory board
· Public and first nations representation
· Freedom from conflicts of interest
· Separation of regulatory and advocacy functions/interests
IV Bylaw 12(3) is repealed
V Bylaw 34(1) is repealed and replaced with the following:
34(1)(a) The Board, acting on the advice of the CEO and Finance Committee, shall set annual registration/licensing fees at a level sufficient to allow the YRNA to fulfil its patient safety and public protection obligations under the Act.
34(1)(b) Other than cost of living increases, any proposed fee increase should be communicated to members and stakeholders at least one membership year in advance of such increase taking effect.
YRNA staff are currently overseeing drafting of a new set of bylaws which will replace the ones suspended. A draft has been shared with the Board and after receiving preliminary comments from the Board, has now been posted for consultation. Anyone is welcome to provide feedback to help inform the drafting process and the board’s decision making as to the final form of bylaws they will adopt.