Most Board of Directors meetings are held via computer and NOT in person.
“Can the members of the Corporation (or any person who is not a director) attend the meetings of the board of directors?”
In short, the answer is ‘no’. While Ontario’s ‘sunshine law’, which came into effect in 2008 with the amendments to the Municipal Act, 2001, requires Ontario municipalities to hold open board meetings, this law does not apply to private corporations such as UFPCC.
It is usual and best practice, for the meetings of boards of directors to be closed to individuals other than the directors. While the Board can invite other individuals to attend a meeting, or a part thereof, in general, this practice is not recommended for three reasons:
1. Directors are, under law, bound by their fiduciary duty to act in the best interest of the corporation. As a result of this duty, directors are obligated to keep all information and discussions related to the corporation confidential. Non-directors do not have such obligation and therefore their attendance at a meeting raises the risk of any confidential information being inappropriately disclosed.
2. Directors are governed with managing the business and affairs of their corporation. This task involves making decisions that may be highly sensitive and controversial. At all times, directors must be able to have an open and free dialogue in order to make the best decisions. Having non-directors present at a meeting may stifle such dialogue.
3. Directors have an obligation to declare a conflict of interest, and to excuse themselves from any part of a meeting, and any vote, that is related to the issue with which they have a conflict. A non-director does not have an obligation to declare a conflict of interest and may use any knowledge obtained at a directors’ meeting for purposes that are harmful and contrary to the corporation.
While the Canada Not-for-Profit Corporations Act (the “Act”) does not specifically exclude the attendance of non-directors at Board meetings, this exclusion can be inferred for several reasons:
Anna Naud I Lawyer
The UFPCC currently has 10 lawyers on retainer throughout the Province of Ontario from Windsor in the west to Ottawa in the east and Thunder bay in the north.
Our Insurance partner has a large number of vetted Law Firms throughout the country.
Regular Member (Ontario CAS Homes) pay 47 cents per day per child in care (HST inc). This money is deducted at source by CAS and submitted to the UFPCC on your behalf.
Retired Members pre ARAG (Members who were dues paying members of the UFPC when they left fostering) - Pay no extra money but continue to receive assistance from the UFPCC for incidents arising from the time that they were members.
Annual Member (All other eligible Foster Homes in Canada) - Each Province/Territory is priced differently, please contact the office for further details.
Currently Annual Membership is open to Foster Homes in Ontario and the NWT.
A benefit of memebrship is the Legal Defence Insurance, purchased by the UFPCC to help protect the foster parents and their dependants living in the home. This insurance will provide the member and their family with a lawyer to help defend them against Criminal Allegations and in court as a result of being charged with an offence as a result of their fostering role.
The insurance is subject to conditions and maximums payable.
Please refer to the UFPCC Restrictions article on the downloads page. This article applies to UFPCC regular members and NOT to UFPCC Yearly (Renewable)Members, who are covered by a separate insurance Policy.
Currently Foster parents with Ontario Children's Aid Societies are elligible to join the UFPCC.
Foster Parents providing care for Private Agencies in Ontario are also elligible to join.