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Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
THE OFFICIAL PUBLICATION
                            OF VRA CANADA
                            SPRING 2017

Basic Governance for Associations
Lobbying and Lobbyists
Continuing Education Credits
Income Loss Damages Analysis
                                Spring 2017 ➤ Rehab Matters ➤ 1
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
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                                                                                                                                                      PQ: 1.877.725.6026
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2www.lovecars.ca
 www.lovecars.ca
  ➤ Rehab Matters ➤ Spring 2017
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
OFFICIAL PUBLICATION OF:

                             ➤               CONTENTS
                                            President’s Message
                                            Editor’s Message
                                            Basic Governance for Associations –
                                            Are We Having Fun Yet?
                                                                                             4
                                                                                              5
                                                                                                      12

             VRA Canada
           3-247 Barr Street                Betty Thompson                      6

                                                                                                      16
       Renfrew, Ontario K7V 1J7
                                            Lessons Learned – Integration of Economic
            1-888-876-9992
                                            and Vocational Counseling Reports for use in
         www.vracanada.com
                                            Income Loss Damages Quantification Analysis
                                            Mathew Rose, Kateryna Shpir, Elena Morelli   10
              Publisher
               Megram                       Lobbying and Lobbyists
           3-247 Barr Street                Paula Roy               12
       Renfrew, Ontario K7V 1J7
            1-613-432-9491                  Continuing Education Credits
          www.megram.com                    Shelley Smilek                14
           Managing Editor                  Absenteeism
             Bob Cross                      The Effect of Gender, Age and Time of
                                            Year on Employee Absence Due to Disability
            Writer/Editor                   Hamza Noor                                 16
              Paula Roy
                                            Rehab and Ethnicity
       Graphic Design/Layout                Disparities between Rehabilitation Services
            Patti Moran                     and Ethnic Minority Populations
                                            Amy Ng                                           18

                                                                                                      18
             Advertising
             Mait Ainsaar                   Whistleblowing in Canada
                                            Paula Roy                 20
 Rehab Matters is published four times
                                            Why Become a CCVE
  annually. Opinions expressed herein
                                            Jennifer Griffiths 22
 do not necessarily reflect the policies
    of the Vocational Rehabilitation        How Laws are made in Canada
         Association of Canada.             Paula Roy                    24
                                            Government Contacts Relevant to VRA Canada 28

UPCOMING ISSUES                                                                    Cover Photo by
Summer – May 29                                                                       Tonia Snow
Fall – Aug. 28
Winter – Nov. 27
*Dates are subject to
change without notice

For information about
advertising, in upcoming
issues, contact
                                           20
Mait Ainsaar
mait@vracanada.com

                                                                                                        24
                                                                             Spring 2017 ➤ Rehab Matters ➤ 3
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
➤
FROM THE PRESIDENT
                                                                                                                      ➤
The latest VRA board has been up and      with you through a variety of commu-        profession at the heart of decision
running since November and we have        nication channels going forward. Your       making. This group has accomplished
accomplished a lot. Some of our activ-    input and feedback will be important        a lot in three months but we have a lot
ities included:                           to the discussion.                          more work to do. A lot of our board are
   ➤ Set up volunteer committees             Speaking of input, we would love         doing double and triple duty by not
      focused on Education, Com-          to hear from you. We are interested         only sitting on the board, but also by
      munication, Research, Desig-        in ideas about how we can best share        leading and serving on multiple com-
      nation, the 2017 Conference         information and connect with you. Do        mittees. We are a committed group
      in Montreal, Government             you like the weekly e-blast Bulletin?       who love our profession and we look
      Relations, and CEUs;                Would you prefer to receive tweets?         forward to connecting with you!
   ➤ Launched and completed the           Review Facebook posts? Please let us
      2017 membership drive;              know how we can best reach you. We            Tricia Gueulette
   ➤ Finalized new contracts with         have received some feedback through           President
      Megram as VRA’s manage-             the revamped website, and we encour-
      ment company for 2017;              age you to connect with us in whatev-
   ➤ Worked with the Societies to         er way suits you the best. If you pre-
      expand the “opt-in” insur-          fer email, you can reach me directly at
      ance plan through VRA;              president@vracanada.com.
   ➤ Completed a financial review            Our association continues to be a
      and set up a Special Meeting        strong and vibrant voice for vocational
      in February to update VRA           rehabilitation in Canada with approxi-
      members;                            mately 1700 members. I encourage you
                                                                                              Manitoba
                                                                                             AGM
   ➤ Posted VRA board of direc-           to get involved if you can. We are look-
      tor meeting minutes on our          ing for your ideas. What areas would
      website, available for viewing      you like to see our research committee
      when you log into your VRA          focus on? What topics would you like
      account under the “About            to see more information on through our             March 14, 2017
      Us” section.                        education offerings? Do you have sug-
                                          gestions for our government relations
   The board is highly focused on         committee to pursue or ways they can           Come out and cast your vote
VRA’s vision of being the acknowl-        become involved in your province?                Meet Tricia Gueulette,
edged Centre of Excellence for vo-        All of this will help VRA Canada grow             National President of
cational rehabilitation in Canada. To     and expand through increased mem-                     VRA Canada
this end, we will be discussing VRA’s     ber-services and relevancy.
strategic plan, the VRA and CVRP re-         I am very grateful to all of our board      It’s a great Q & A opportunity
lationship and VRA’s bylaws at our        members and their willingness to                    going right to the top!
upcoming board meetings. These top-       work through challenging issues with
                                                                                           Norwood Hotel, Winnipeg
ics have a rich history to explore, and   professionalism and respect while al-
we will be sharing that information       ways keeping our members and our                        5:00 to 7:00 pm

4 ➤ Rehab Matters ➤ Spring 2017
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
➤
FROM THE MANAGING EDITOR
Welcome to the first issue of Rehab
Matters since the fall of 2015!
   Faced with increased postage and
printing costs, the Board of Directors
agreed to publish both this quarterly
                                                                                         material or to suggest an expert who
                                                                                         might be interested in doing so. Our
                                                                                         themes are
                                                                                            ➤ Summer Issue: PTSD in the
                                                                                               Workplace
magazine and the VOICE Newsletter                                                           ➤ Fall Issue: Pot, Weed, Grass –
in page-turning format on the web-                                                             A Budding Issue
site.                                                                                       ➤ Winter Issue: Ethics and the
   Rehab Matters and VOICE, the                                                                Professional You
VRA quarterly newsletter, were both                                                          Finally, if you have not yet registered
given a new life a few months ago and                                                    for our Annual Conference in Montre-
we are all anxious to build both into                                                    al, now is the time to “Move Forward”.
valuable publications that offer mem-
bers the opportunity to publish and                                                          Bob Cross
share best practices.                                                                        Managing Editor
   We have established basic terms of
reference for the new Editorial Board       and those interested are encouraged to
currently consisting of Robert Allen,       apply.
Hamza Noor and Tamara Bilec. A call           Basic themes for the three remaining
for nominations to fill two vacancies       2017 issues have been set and mem-
can be found elsewhere in this issue        bers are encouraged to submit relevant

Progressive Goal Attainment                                              Don’t miss out
Program (PGAP)                                                           on the opportunity
Join a growing number of rehabilitation providers worldwide who          to enroll in one of
have been trained to deliver the Progressive Goal Attainment Program
(PGAP®). Increasingly, injury and disability insurers are requesting     our 2017 workshops
the services of PGAP-trained providers. PGAP is a standardized,
evidence-based program for targeting psychosocial risk-factors for
                                                                         Australia
delayed recovery. PGAP has been shown to be an effective treatment
for promoting successful return-to-work in individuals with a wide       July 14 & 15, 2017
range of debilitating health and mental health conditions.               Sydney, NSW, Australia

                                                                         Canada
In this 2-day skills-training workshop, you will learn techniques
to assess and effectively target psychosocial risk factors such as       March 24 & 25, 2017
catastrophic thinking, perceived injustice, exacerbation fears, and      Halifax, Nova Scotia, Canada
disability beliefs. The workshop is led by Professor Michael Sullivan,   November 24 & 25, 2017
developer of the Pain Catastrophizing Scale and the Injustice            Toronto, Ontario
Experiences Questionnaire. Engaging didactic presentations and
video depictions of clinical interactions are used to describe and       United States
demonstrate all the clinical tools of PGAP.                              September 15 & 16, 2017 - Labor and Industry (L&I)*
                                                                         Tumwater, Washington
PGAP training is a lecture-based workshop with video support             *For this workshop, registration opens February 18, 2017 for WA
materials. It is open to rehabilitation professionals such as            residents only. For all other States registration opens May 01.
occupational and physical therapists, rehabilitation counsellors,        November 17 & 18, 2017
kinesiologists, social workers, nurses and medical practitioners.        San Antonio, Texas

          www.PGAPworks.com
                        Register now!

                                                                                          Spring 2017 ➤ Rehab Matters ➤ 5
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
Basic Governance for Associations

6 ➤ Rehab Matters ➤ Spring 2017
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
Are we having fun yet?
Betty Thompson, FCPA, FCGA,                  board members serve in a position of        tion and openness. The members of
Partner, Calvista LLP                        trust to ensure the purpose of the orga-    the Association have a responsibility
                                             nization is respected. They fulfill their   to review information sent to them
The path to becoming a board mem-            role by developing policy and ensuring      from the Association, participate in
ber of an Association is sometimes           the implementation of policy; they also     the AGM as notified and participate
well considered and thoughtfully un-         monitor and revise policy when it is        in consultation about the future of the
dertaken, but in some cases, we get          not achieving the intended outcomes.        organization.
caught up in the moment or commit to            The processes and practices under-          Good governance considers the
a board role because of the person ask-      taken by the board of a specific Asso-      structure of the organization for gov-
ing. As a result, we might not always        ciation will depend on the size and         ernance functions to be carried out in
know the implications of what we are         character of the entity governed and        a thoughtful and timely fashion and
taking on. Being a board member is           the environment in which it works.          result in organizational effectiveness.
not simple; it can be unpredictable,         One approach will not fit every orga-       The board may delegate some of its
frustrating, stressful and confronta-        nization.                                   authority to other levels in the orga-
tional while at the same time fulfilling,       The Association is the vehicle; the      nization. There are three main levels
exciting and energizing.                     statutes, bylaws and government laws        of authority in most organizational
                                             provide the frame. The board is the         structures:
Background                                   driver and the membership, its pas-            ➤ Governance – carried out by
An Association is a legal corporate en-      sengers.                                         the board;
tity that is separate from its members                                                      ➤ Management – carried out by
and directors (the board) and even if        Principles of good governance                    a paid staff or by an executive
membership changes, the Association          The board of an organization works               committee or other commit-
stays the same. An Association may in-       together to:                                     tee(s) of the board; and
corporate federally or provincially and        ➤ Participate actively in setting            ➤ Implementation of activities/
the decision is made based on the loca-           direction;                                  programs – carried out by
tion of the organization’s activities. In-     ➤ Focus on the whole organiza-                 volunteers and/or paid staff.
corporation limits the members’ legal             tion, not specific parts;
liabilities. Each province has different       ➤ Work together to achieve the            Performance standards for
legislation for incorporating an Asso-            mission;                               board members
ciation.                                       ➤ Speak with one voice after a            When individuals join a board of di-
   A board of directors (governors) is            decision has been made;                rectors and participate in the gov-
elected by the membership to ensure            ➤ Engage in approving policy              ernance of the related organization;
that the Association complies with the            and monitoring impact;                 there are standards they commit to
requirements of the legislative statute        ➤ Hire and supervise one em-              when elected:
under which the organization is incor-            ployee (for example, Execu-               ➤ Abiding by Association
porated. This includes holding an an-             tive Director, CEO); and                    bylaws, including meeting
nual meeting of members and adher-             ➤ Create a structure that allows               attendance expectations;
ing to the bylaws of the organization.            the board as a whole to avoid             ➤ Being prepared for and ac-
An important requirement of Associ-               management and operational                  tively participating in discus-
ations is to file an annual return and            decisions.                                  sions and voting at meetings;
financial statements with the incorpo-                                                      ➤ Using skills and knowledge
rating body on an annual basis.                  Good governance ensures the board            brought to the board in deci-
                                             has the capacity to ensure good stew-            sion-making;
What is governance?                          ardship of the property and funds of           ➤ Promoting positive working
The board of directors takes on the de-      the Association as well as being able to         relationships with each other,
cision-making for the entity. The board      fulfill the legislative requirements of          and with members, volun-
determines how to exercise its author-       its role.                                        teers, staff and other stake-
ity as well as how to control and di-            Good governance provides ac-                 holders;
rect the actions of the Association. The     countability, transparency, participa-                    Continued on next page

                                                                                         Spring 2017 ➤ Rehab Matters ➤ 7
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
Continued from previous page                 Board members also have a moral re-          TYPES OF BOARD POLICY
                                               sponsibility to:                             Framework
  ➤ Maintaining confidentiality of               ➤ Want to serve on the board;              This is the broadest policy area. Frame-
    board business;                              ➤ Endorse the vision, mission              work policies focus on results. Frame-
  ➤ Acting in the best interests of                and values of the organiza-              work policies include vision, mission,
    the Association;                               tion;                                    values, and strategic directions.
  ➤ Handling conflict of interest                ➤ Believe in the importance and
    situations as per board policy;                value of the organization; and           Board self-governance
    and                                          ➤ Support the growth and de-               This policy area focuses on how the
  ➤ Speaking positively of the                     velopment of the                         board will govern and how it will
    Association to the public.                     organization.                            organize itself to get its work done.
                                                                                            Many policies in this area are relat-
Legal and moral responsibilities of               In fulfilling the responsibilities of a   ed to requirements in bylaws of the
a board member                                 board member, individuals need to be         Association. Policies include conflict
Board members have an obligation to dis-       aware of their legal responsibilities, the   of interest, code of conduct, meeting
charge their duties in a positive, responsi-   policies that are in place to guide the      process, role of the board, role of in-
ble manner, including the following:           actions and behaviors of both board          dividual members of the board, terms
   ➤ Duty of knowledge – know                  members and staff and volunteers and         of reference for committees – standing
     and understand the bylaws,                pledge to manage the affairs of the As-      and ad hoc – and strategic planning
     mission, vision, values, and              sociation as they would their own.           process.
     goals of the organization;
   ➤ Duty of care – act honestly in            What is board policy?                        Operational governance
     good faith in the best inter-             Board policies are a series of guidelines    This policy area directs the organiza-
     ests of the organization and              for future action that expresses the will    tion’s programs and services, person-
     exercise the care and due dil-            of the board. They are a mechanism           nel and financial resources. These pol-
     igence that a reasonable, pru-            for the board to delegate authority          icies also set the rate of progress the
     dent person would exercise in             while maintaining control. Board pol-        organization takes towards its vision.
     comparable circumstances;                 icies can be identified in a variety of      There are four categories of operation-
   ➤ Duty of diligence – review                categories. How the policies are orga-       al governance: program; personnel;
     meeting agendas and accom-                nized may be different depending on          financial; and advocacy. Program and
     panying materials, attend                 the type of board the Association has.       personnel policies are specific to each
     meetings, review and com-                 The main types are a policy board, an        Association; for example, a staff eval-
     ment on meeting minutes                   administrative board or a combination        uation process.
     to ensure accuracy, vote on               of the two. Organizations go through            In the financial and advocacy areas,
     all issues unless prohibited              phases as they grow so there may be          there are some common things to consid-
     (conflict of interest), and take          changes to the board type as the or-         er when developing policy to fulfill the
     action to preserve the integ-             ganization matures. A policy board           board function in these areas. To fulfill
     rity and reputation of the                would usually have a paid staff person       the financial governance function there
     organization;                             to implement the policies of the board.      should be policies to ensure: enough
   ➤ Duty to manage – appoint                  An administrative board has a more           resources to operate the organization;
     officers, establish and mon-              hands on approach to governance and          facilities are maintained and meet the
     itor policies, comply with                may have minimal or no paid staff so         organization’s needs; financial reporting
     legal requirements, and                   would also be involved in implemen-          is in accordance with bylaws; and ap-
     acquire adequate knowledge                tation as individual board members.          propriate internal controls are in place to
     of the organization’s ongoing
     affairs;
   ➤ Fiduciary duty – accept this is
     a position of trust to exercise                                                        Betty Thompson, FCPA, FCGA
     power and affect the future                                                            provides consulting services in board
     of the organization, under-                                                            governance and financial management
     stand conflict of interest and                                                         to a variety of non-profit organizations.
     requirements for disclosure,                                                           She has been a board member serving
     and refrain from voting if                                                             boards of many types of organizations.
     there is a conflict; and                                                               Betty is currently a partner at Calvista
   ➤ Duty to act in scope of au-                                                            LLP in Calgary and provides audit-
     thority – be aware of inherent                                                         ing and consulting services to a broad
     limitations on the activities                                                          range of non-profit clients.
     of the organization as per its
     statute of incorporation.

8 ➤ Rehab Matters ➤ Spring 2017
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
protect the assets of the organization.   tion to the community, government         ticipating as a member of a board can
   To fulfill the advocacy governance     and other stakeholders; support the       be enjoyable and very satisfying. If
function there should be policies         organization’s work in the commu-         passion and energy are brought to the
that: interpret the organization’s        nity; participate in clarifying and re-   role, the board is better able to ensure
beliefs to the community and en-          solving issues; and develop policies      the foundational structure will sup-
courage support; develop commu-           describing the organization’s posi-       port the Association in moving for-
nity awareness of the organization’s      tion on relevant issues.                  ward and serving members with in-
unique role; represent the organiza-         Are we having fun yet? Yes! Par-       tegrity and honesty.

                                                                                    Spring 2017 ➤ Rehab Matters ➤ 9
Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
Lessons           Learned
Integration of Economic and
Vocational Counseling Reports
for use in Income Loss Damages
Quantification Analysis
Mathew Rose, OT (Reg.), ON, CCLCP           tum of damages is the loss of income.
Occupational Therapist                      While both economists and vocation-
Kateryna Shpir, MA,                         al counselors may be called upon
Forensic Economist                          as experts to comment on its com-
Elena Morelli, HBA, Psych., BEd, RRP        ponents, their contributions to the
                                            determination of loss of income are
Vocational Counselors are profession-       rarely viewed in conjunction. This
als that work in the areas of vocational    article will explore an economic and
rehabilitation, vocational testing and      vocational report system in which as-
earning capacity, lost earnings and         sessments and reports are completed
cost of replacement labor. They also        in parallel and are complementary,
perform evaluations for purposes of         allowing for a stronger, more compre-
civil litigation, as an aspect of econom-   hensive case.
ic damages. Vocational experts identi-         A vocational counselor’s expertise
fy what the person could have earned        lies in vocational rehabilitation, test-
prior to the incident, compared to          ing, along with evaluating earning ca-
what they are likely to earn following      pacity and cost of replacement labour.      the vocational counselor’s assess-
the incident.                               These experts can identify how much         ment of skills and educational de-
   Economists apply statistical meth-       the individual earned prior to the ac-      velopment, along with their review
ods and labour economic models to           cident as well as the future vocational     of potential functional limitations.
determine the individual’s earning          options available to the claimants after    The base earnings determined by the
pattern, which, in turn, is used to cal-    the incident. Thus, vocational coun-        economist can then be used by the
culate the total value of the loss expe-    selors frequently perform evaluations       vocational counselor as a possible
rienced by the claimant as a result of      purposed for civil litigation specifical-   benchmark in the determination of
the accident over the entire loss peri-     ly relating to loss of income.              suitable vocations.
od. By examining general population            To examine further the interplay             Consider the situation in which a
data, the economist’s techniques can        between a vocational assessment and         claimant’s earnings include not just
reinforce the vocational loss of income     economic loss of income report, an in-      wage but, also, commissions, collateral
assessment and then extend the analy-       vestigation of the constituent’s of loss    benefits, pension contributions, etc. All
sis to quantify future losses.              of income is required. Loss of income,      of the additional work benefits have a
                                            earning capacity and/or competitive         monetary value. In the case that the
Abstract                                    advantage calculations can be broken        individual is unable to return to their
Forensic labour economists and vo-          down into three main components –           pre-accident work, but is able to return
cational counselors are often asked to      the underlying beginning calculations,      to alternative work environments, the
comment on issues pertaining to loss        the future projections, and, finally, the   vocational counselor, in their research
of income in personal injury litigation.    termination point.                          and conclusions on occupational alter-
Loss of income can comprise a signif-                                                   natives, should take into consideration
icant amount of the final quantum of        Base Earning                                the additional monetary values. With-
damages. It has been the experience of      The first component, which is also          out such considerations, the claimant
the authors that there is considerable      referred to as the base earnings, rep-      may suffer a loss. The vocational coun-
variance in the procedures and out-         resents what the claimant would have        selor can rely on the economist’s ex-
comes in income loss analysis.              earned had the accident not occurred.       pertise to apply appropriate monetary
                                            Using the individual’s past income          values to supplementary work bene-
Introduction/Background                     history and general population sta-         fits. By having this information at hand
   In personal injury litigation, the       tistics, an economist calculates the        before the vocational counselor begins,
most common and often the most              average value of the year-of-accident       more comprehensive and realistic vo-
significant portion of the final quan-      earnings. The calculations consider         cational reports can be produced.

10 ➤ Rehab Matters ➤ Spring 2017
relying on the economist’s research of
                                            industries with similar pre-accident in-
                                            dustry growth and employment trends,
                                            the vocational counselor can determine
                                            optimal work sectors for the claimant.

                                            End Points
                                            The last component, referred to as
                                            the endpoint, is the estimated age the
                                            claimant permanently exits the labour
                                            market. Consider a claimant who was
                                            working as a carpenter with a worklife
                                            expectancy of 55. Due to the incident,       Mathew Rose, OT (Reg). ON, CCLCP, is
                                            he is disabled from performing carpen-       a Canadian Certified Life Care Planner,
                                            try due to functional limitations. The       Occupational Therapist and Principal of
                                            vocational counselor might recommend         Mathew Rose and Associates Inc. He is also
                                            vocational retraining into a more sed-       an Adjunct Lecturer at University of Toron-
                                            entary field where the salary is similar     to’s Department of Occupational Therapy.
                                            but there is an additional 10 years of
                                            worklife expectancy and the claimant
                                            will retire later. This means that the du-
                                            ration of litigation award payments is
                                            extended and, as a result, the claimant’s
                                            total award value is significantly larger
                                            and overcompensating. The vocational
                                            counselor can mitigate the risk of rec-
                                            ommending occupational alternatives
                                            that may result in overcompensation by
Industry Forecasting                        taking into account the economist’s sta-
The next component of loss of income        tistical knowledge and ability to utilize
is comprised of projecting the previ-       databases to determine worklife expec-
ously determined base into future peri-     tancy ensuring fair quantification.          Kateryna Shpir is the Economist at MRA
ods, adjusting for factors such as wage                                                  Medlegal Consulting and provides econom-
and economic growth, positive and           Conclusion:                                  ic/statistical assessments of damages used
negative contingencies.                     In the Canadian Tort industry, econo-        in settlement negotiations. She has exten-
   Vocational counseling expertise          mists and vocational counselors work         sive experience applying regression anal-
tends to focus on the present day, i.e.,    in different companies. In fact, the au-     ysis and statistical, forecasting models for
what type of work is suitable for the       thors have never heard of these two          research in topics of Health Economics, La-
claimant after the accident. However,       types of professionals working togeth-       bour Economics, and Welfare Economics.
where Tort claims are involved, long        er when assessing loss of income. An
term projections are considered. When       economist understands the integra-
the vocational counselor recommends         tion of the labour market and econo-
a certain vocational path, possibly in-     my, while the vocational counselor is
volving retraining, or alternative job      skilled in understanding the individ-
prospects, the focus is primarily on the    ual’s income related characteristics.
present. The economist has the ability      Recognizing how a worker fits into the
to consider employability over the long     wider labour economy, we can make
term, by applying the statistical trends    better recommendations on the fu-
and forecasts of specific industries.       ture vocational needs of a worker. Our
   For example, if the vocational coun-     company has been actively involved
selor finds suitable work and retraining    in experimenting and theorizing how
in an industry that may be similar in       to best integrate the information from
terms of income in the present day, this    these two professions and to date, we        Elena Morelli, HBA, Psych., BEd, RRP,
does necessarily mean that a particular     have found that by having the econom-        is a Vocational Consultant & Psychome-
industry will be stable over the long       ic and vocational reports completed si-      trist with MRA Medlegal Consulting. Her
term. The vocational counselor can re-      multaneously with input provided by          services have been used in med-legal tort
fer to the economist’s research of indus-   both professions significantly improves      and labor litigation assessments to provide
tries with similar pre-accident industry    the quality, integrity and validity of       damages quantification. She also works as
growth and employment trends. By            each profession’s reports.                   a Disability Case Manager.

                                                                                         Spring 2017 ➤ Rehab Matters ➤ 11
&
                                   By Paula Roy

Lobbying
                                   Did you know
                                   the term lobbying stems from times past
                                   when individuals eager to exert politi-
                                   cal influence gathered in the lobbies
                                   outside legislative chambers in Wash-
                                   ington and London in order to appeal
                                   directly to lawmakers? While the word

Lobbyists
                                   lobbying might evoke for some a neg-
                                   ative connotation, ethical lobbying and
                                   lobbyists are, in fact, essential elements
                                   of democratic political systems.
                                      Engaging in direct or indirect lob-
                                   bying is also an essential part of what
                                   we do at VRA Canada. Our key tenets
                                   include advocacy for the profession,
                                   the professional and our values. This
                                   advocacy role is a pivotal one for VRA
                                   Canada, and lobbying, as needed, is
                                   part of the effort required as we try to
                                   help our provincial and federal gov-
                                   ernments shape effective vocational
                                   rehabilitation policies.
                                      To be successful, it is important to
                                   understand how lobbying works. Lob-
                                   bying has been a key part of Canadian
                                   politics since our country was a young
                                   British colony. Lobbying at court pro-
                                   duced the grants, monopolies and con-
                                   cessions that enabled explorers such as
                                   Cartier, Frobisher, Hudson and others
                                   to travel to North America and stake
                                   their claims. Later lobbying efforts in
                                   the early 1800s directed at the British
                                   cabinet and parliament allowed elite
                                   groups of men in Upper and Low-
                                   er Canada (present day Ontario and
                                   Quebec) to grasp enormous political,
                                   economic and judicial power.
                                      The lobbying tradition continued in
                                   Canada’s own parliamentary system
                                   after Confederation and today, more
                                   than ever, myriad lobby groups across
                                   the country endeavour to influence the
                                   thinking and decisions of members of
                                   parliament, senators and cabinet min-
                                   isters. Recent high-profile legislative
                                   changes in the energy, telecommunica-
                                   tions and retail sectors have shown that
                                   effective lobbying can definitely impact
                                   the outcome of public policy or unde-
                                   fined legislation. Lobbying and lobby-
                                   ists have successfully influenced policy
                                   and lawmaking on a vast range of issues
                                   including natural conservation, animal
                                   welfare, transportation, euthanasia, for-
                                   estry, health care and many others.

12 ➤ Rehab Matters ➤ Spring 2017
The intention behind lobbying is to         The Lobbying Act is intended to         bying which include multiple aspects
make dealing with big government a          safeguard the expectation among            of transparency. For example, lobby-
more manageable and productive pro-         Canadians that everyone who par-           ists must disclose the identity of the
cess. Good lobbying campaigns foster        ticipates in the development and ap-       person, organization or corporation on
dialogue and promote accountability;        plication of public policy, laws and       whose behalf they are communicating
they are therefore an important part of     regulations acts in a way that demon-      and the nature of their relationship
the political process today. Lobbying       strates respect for our country’s dem-     with that person, organization or cor-
is conducted by many different orga-        ocratic institutions. One of the key       poration, as well as the reasons for the
nizations and individuals; associations     changes to the Lobbying Act was the        approach. Lobbyists must avoid mis-
such as ours as well as corporations        2010 amendment of the Designated           leading public office holders by tak-
and interest groups design strategies       Public Office Holder Regulations. The      ing all reasonable measures to provide
to promote or forward their interests       definition of a designated public of-      them with information that is accurate
either in response to, or in advance of,    fice holder was expanded to include        and factual. A lobbyist must use and
government decisions. VRA Canada            virtually anyone occupying a position      disclose information received from a
completes frequent reviews of govern-       in the federal government. It includes     public office holder only in the man-
ment legislation and policy impacting       members of the Senate and the House        ner consistent with the purpose for
on the field of vocational rehabilitation   of Commons and their staff, officers       which it was shared. Lobbyists cannot
and participates actively in govern-        and employees of federal departments       propose or undertake any action that
ment consultations where possible.          and agencies, members of the Cana-         would place a public office holder in
   The Lobbying Act and the Lobbyists’      dian Armed Forces and the Royal Ca-        a real or apparent conflict of interest
Code of Conduct serve to ensure trans-      nadian Mounted Police. It is therefore     or create a sense of obligation on their
parency and accountability in the lob-
bying of federal politicians. Both were
                                                The basic principles of the Lobbyists’ Code of Conduct are as follows:
designed to help Canadians feel more
                                                ➤ Act in a manner that demonstrates respect for democratic
confident about the integrity of the
                                                  institutions;
government decision-making process.
                                                ➤ Conduct all interactions with public office holders with
At VRA Canada we are very careful to
                                                  honesty and integrity;
follow the rules for ethical lobbying;
                                                ➤ Be frank and open about lobbying activities; and
this is crucial to make sure there are no
                                                ➤ Observe the highest professional and ethical standards.
allegations of impropriety directed at
our association.
   The current Lobbying Act which           important before you undertake any         part, which includes gifts or payment.
came into force in 2008 is a revised        lobbying activities to be aware of the        So what value can lobbying bring to
version of the initial Lobbyists Reg-       many layers of government staff and        our organization? Simply put, knowl-
istration Act of 1989. It sets basic re-    officials who fall under the umbrella of   edge is power. Lobbyists have a great deal
quirements for the registration of paid     lobbying legislation.                      of knowledge about the political process;
lobbyists, including that lobbyists are        As for the Lobbyists’ Code of Con-      this expertise is what’s often needed to
to provide information about them-          duct, like the Act, its purpose is to      get the attention of government officials.
selves and the subject matter of their      offer similar assurance to the Canadi-     Lobbyists also know to whom a message
lobbying. The Lobbying Act applies to       an public that lobbying is conducted       should be directed and how to deliver
individuals who are paid to lobby and       ethically, with the highest standards      that message most effectively. While we
who have registered as lobbyists; those     and with a view to enhancing public        endeavor to do much of our own advo-
who do so on a volunteer basis are not      confidence and trust in the integrity      cacy work, VRA Canada would certainly
required to register. The Act is based on   of government decision-making. The         engage professional lobbyists if a particu-
four key principles, which are:             first version of the Lobbyists’ Code of    lar issue warranted this support.
   ➤ Free and open access to                Conduct came into effect in 1997. In          It is important that any lobbying ac-
      government is an important            2015, the Commissioner of Lobbying         tivities undertaken by VRA members
      matter of public interest;            amended the Code, following a public       be coordinated through VRA Canada
   ➤ Lobbying public office hold-           consultation. The Code complements         to ensure their legality and effectiveness
      ers is a legitimate activity;         the registration requirements of the       as we educate key-decision makers who
   ➤ It is desirable that public            Lobbying Act. Lobbyists who are paid       may have limited knowledge of the is-
      office holders and the general        to communicate with federal public         sues related to a particular topic such as
      public be able to know who is         office holders are required to comply      vocational rehabilitation. By providing
      engaged in lobbying activities;       with the Code. Similarly, public office    them with context, background and key
      and                                   holders, when dealing with both the        information, we can give politicians and
   ➤ The system of registration             public and with lobbyists, are required    their staff the understanding they need
      of paid lobbyists should not          to adhere to the standards set out for     to form an educated opinion and make
      impede free and open access           them in their own codes of conduct.        informed decisions on issues of concern
      to government.                           The Code also sets out rules for lob-   to our industry and our members.

                                                                                       Spring 2017 ➤ Rehab Matters ➤ 13
Continuing Education Credits
  It’s Easier than
  You Might Think
                                             was not something I was keen to add         workshop or completing the quizzes
                                             to my already packed to-do list. Then       in Rehab Matters. These are all great
                                             I started looking at courses and con-       ways to get CEUs, but if you take a
                                             ferences that interested me and I next      look at The Continuing Education Pro-
                                             wondered if my bank account could           cess Guide (http://www.vracanada.
                                             handle this. What had I gotten myself       com/wp-content/uploads/vracan-
                                             into? So, I did what any reasonable         ada.com_continuing_ed_guide.pdf)
                                             person would do – I put off worrying        you will quickly see that there are
                                             about those pesky credits for a year or     many additional ways to accumulate
                                             two. Of course this strategy can only       your hours. For instance, I was in the
                                             work for so long, and I didn’t want to      middle of putting together a short
                                             end up scrambling to get 100 credits        seminar for vocational evaluators. It
                                             just before my designation was up for       turns out that because I wasn’t getting
                                             renewal. As a result, a year or two later   paid for the presentation, the time I
                                             I decided to get serious about getting      spent delivering the seminar was eli-
By Shirley Smilek,                           some hours in.  I figured a good place      gible for CEUs as was some of prepa-
Chair, VRA Canada CEU Committee              to start would be to take a look at the     ration time. All I had to do was submit
                                             Continuing Education information on         an outline of my training session and
I’m going to start this article off with a   the VRA website, and I’m really glad        an agenda to VRA for approval. Not
bit of a confession. When I first got my     I did. It turned out that I had already     only did I get credit for developing the
RRP and RVP designations I wasn’t            done a number of things that are con-       session, my team members can also get
too happy about having to accumu-            sidered continuing education but I just     CEUs for attending it.
late 100 continuing education cred-          hadn’t realized it. I also learned that        Did you know that you could also
its (CEUs) over a five-year period. I        there are many ways to get CEUs with-       get up to 10 hours of CEUs for writing
have my business to manage, I have           out breaking the bank.                      a book review? I had no idea that this
a family with young children and I’m            When we think of CEUs, many of           was an option, but preparation of an
involved in my community… so accu-           us tend to assume it means taking a         unpublished article or book review is
mulating continuing education credits        course (online or in class), attending a    eligible for 10 credit hours and a report

14 ➤ Rehab Matters ➤ Spring 2017
template is provided in the process           I was happy to learn that not all of      streamlined the CEU submission pro-
manual. I suspect that over the course     my CEUs have to be directly related to       cess. Revised application forms have
of a year most of us probably read a       vocational rehabilitation either. We can     been added to the website. If you take
book or two that relates to our work       get up to 10 CEUs for skills enhance-        part in a course that is pre-approved,
so writing book reports are a great        ment in other areas such as business         all you have to do is enter the pre-ap-
way to get credit for this learning. Of    marketing, computer applications             proval number and upload your proof
course, if you’re going to write a book    training, report writing and more. Per-      of attendance. Not sure if a course has
review you might want to consider          haps you’re taking a course on social        already been approved? There is a list
submitting it to Rehab Matters, be-        media marketing, business website            of all approved courses on the website.
cause preparation of a book review for     development, or accounting software.            Finally, I would like to take this op-
a recognized publication is eligible for   If you are then be sure to submit it for     portunity to thank all of the CEU com-
up to 20 credit hours.                     CEU credit.                                  mittee members who have helped out
   Are you involved with student              These are just a few of the ways          this year. Lesley McIntyre, Amy Ng,
mentoring or practicum supervision?        that you can easily accumulate CEU           Yassar Abu-Awad, Laura Smillie, and
You can apply to the Continuing Ed-        hours. I encourage you to check out          Judith Wiens all did a great job get-
ucation Committee to have this work        The Continuing Education Process             ting through the backlog of older CEU
pre-approved for CEUs.                     Guide on the VRA website to see all          applications and making sure new
   Do you need to improve your             the possibilities. If you think that there   applications were processed immedi-
knowledge or skills in a very specif-      is a content area that is missing or if      ately. A huge thanks goes out to Kayla
ic area, but can’t find an appropriate     you’re involved in an activity that you      Fraser at Megram as well. Kayla has
course or training session? You can        feel should count for CEUs but aren’t        been working hard behind the scenes
submit an independent study appli-         sure what category it would fall under,      to update CEU forms and the website,
cation to the Continuing Education         please contact us to discuss it.             ensure all CEU accounts are credited
Committee to get pre-approval for             VRA is committed to making the            and up-to-date, and keep track of all
CEUs. Once you’ve done the work and        CEU process work for all members and         applications. Everyone’s collective ef-
have reported back to the committee        your feedback is valued. In response         forts are a great example of how VRA
you will receive credit for your hours.    to member feedback we have already           works for its members.

                                                                                        Spring 2017 ➤ Rehab Matters ➤ 15
Absenteeism
The effect of gender,
age and time of year
on employee absence
due to disability

(Synopsis of paper to be published in the
summer 2017 issue by Hamza Noor CVRP,
arcHealth Management Solutions Inc.)

In 2011 Canadian employers suffered      Employee absence and age                  Employee Absence and Gender
a direct exposure of $16.6 billion due   It was predicted that employee ab-        Contrary to what was predicted, our
to absence-related causes. The in-       sence due to disability will increase     study indicated no significant differ-
direct cost faced by the employer is     with the age of an employee and that      ence in absence due to disability be-
estimated to be more than four times     was proven to be the case. Overall,       tween male and female employees,
higher than the direct cost, which in-   the study indicated that the absence      which was surprising because most
cludes administration, replacement       rate for older employees was higher.      of the studies have indicated higher
and operational costs. Therefore, Ca-    These results were consistent with pre-   absences for females; however, these
nadian employers are potentially fac-    vious research, however, there was an     findings were not consistent across all
ing an annual exposure of $66.4 bil-     interesting trend observed. A greater     countries and our research points to-
lion in employee absence. According      quantity of absences was reported for     wards these inconsistencies as well.
to Statistics Canada, 27% of employee    young employees and a lesser quan-
absence from work is due to person-      tity for older employees, but young       Potential Reasons:
al or family responsibilities while      employees were absent for shorter           ➤ Sample constituted
73% of the absence is due to disabil-    durations and older employees were            male-dominated industries
ity. Research on age demographics        absent for longer durations. Overall,         such as construction, util-
has clearly projected that, in coming    even though there are fewer reported          ities and manufacturing.
years, the Canadian workforce will       absences among older employees, the           This means employers had a
comprise fewer workers between           length of these absences was signifi-         significantly higher male pop-
the ages of 25 and 54 and a greater      cantly higher.                                ulation then female; therefore,
number of workers above age 55.                                                        by default there should be
This does not come as a surprise to                                                    more absence claims made
us when it is estimated that by 2020,    Potential Reasons:                            by males than females, thus
one-quarter of our workforce will be        ➤ Rate of chronic diseases in-             mitigating overall difference
55 years and older.                           creases with age;                        in absence in gender;
                                            ➤ Physiological changes with             ➤ Lack of availability of work-
The goal of this study was to explore         age, resulting in longer recov-          place accommodation.
the relationship between employee             ery and lower return to work             Construction, manufactur-
age, gender, time of year and the im-         outcomes; and                            ing, and utilities industries
pact of these factors on absence due        ➤ With age, non-fatal chronic              mostly comprise of jobs that
to disability; it was also intended to        conditions such as osteoporo-            are physical in nature and are
offer comments on observed trends             sis, fractures, and depression           performed mostly by men.
on this topic.                                are increased.                           In the event where an em-

16 ➤ Rehab Matters ➤ Spring 2017
ployee sustains an injury, it is      ees was significantly higher between        term disability; therefore, the
    difficult to provide accommo-         April and June than between October         sample does not reflect casual
    dation, particularly if the em-       and December. Overall, employers lost       absences, which are either
    ployee’ primary role involves         significantly more days between April       covered through employee’s
    physical duties such as lifting;      and June and fewer days between Oc-         availability of sick days or
    therefore, an employee will           tober and December.                         unpaid leave.
    stay off work until he/she is
    fully recovered or cleared to         Potential Reasons:                      Implications
    perform his regular duties;             ➤ October to December is flu            ➤ Employers can incorporate
    and                                       season. More people take sick           gender- and age-specific pol-
  ➤ Pregnancy and maternity-re-               leave in November than from             icies that can help reduce the
    lated claims add significant              April to June due to flu, but           impact of disability, in return
    increases in employee ab-                 because recovery time for flu           reducing absence; such as, job
    sence but for the purpose of              is short, the length of absence         transitioning at an older age
    this study, maternity-related             is short as well;                       based on limitations;
    claims were excluded.                   ➤ At end of the year, there are         ➤ This study is one of the first
                                              Christmas and New Year                  of its kind to reflect on em-
Employee absence and gender                   holidays, which are not                 ployee absence with respect
with respect to age                           counted towards absent days             to time of year. Based on our
Overall, there were no gender differ-         and provide extra time for the          results, an employer can easi-
ences in absences; however, when we           employee to recuperate;                 ly predict an influx of absenc-
added another variable, that of age, it     ➤ Short days and long nights              es between April and June;
was interesting to find out that there        in winter can cause Seasonal            this kind of information can
was a significant interaction. Absence        Affective Disorder (SAD) but            help employers make neces-
for female employees did not increase         the recovery time for such              sary arrangements to mini-
with age; however the absence rate of         disorders is short;                     mize the impact of absence by
male employees increased significant-       ➤ Most major surgeries are                taking a pro-active approach
ly with age. Older male employees had         preplanned for summer, such             and preplanning organiza-
twice as many reported short term dis-        as hip and joint replacement,           tional tasks; and
ability (STD) claims for absence from         from which recovery time is           ➤ A higher rate of absences
work than female.                             longer; and                             translates into more work
                                            ➤ Studies indicated that Surgi-           for human resources (HR)
Potential Reasons:                            cal Assessment Units (SUI)              staff. It would be interesting
  ➤ These differences can be                  were busier in summer than              to find out how an increase
    because of male-dominated                 winter.                                 in workload during these
    industry, including job duties                                                    months affects the absence
    being physical in nature,             Limitations:                                rate among HR staff. Admin-
    availability of accommoda-              • Our sample cannot be gener-             istration and HR jobs have
    tion, etc. Knowing our sam-               alized because it consisted of          high rates of burnout and de-
    ple constituted and reflects              male dominated industries;              pression; potentially, policies
    male-dominated population,              • Most jobs in these indus-               designed to manage work-
    we saw higher absences for                tries are physical in nature            load for HR staff between
    men with time; and                        and have higher recovery                April and June could reduce
  ➤ The study of geriatrics has               times than other industries;            their absenteeism.
    shown that musculoskele-                  therefore, our sample might
    tal disorders are higher for              not accurately reflect actual
    males than females; when it               population;
    comes to industries such as             • The sample did not include
    construction and utilities, the           claims related to workplace
    differences are even more                 injuries;
    significant.                            • The sample exclud-
                                              ed pregnancy and
Employee absence and time of year             maternity-related
This study clearly indicated that em-         claims; and
ployee absence is dependent upon time       • The sample only included
of year. The number of STD Claims re-         full-time Canadian employ-
ceived between April and June were            ees who were absent from
almost same as what was received              work due to disability for six
between October and December; how-            consecutive days or more,
ever, the length of absence for employ-       thus qualifying for short-
                                                                                  Spring 2017 ➤ Rehab Matters ➤ 17
Ethnicity
                                                                      Rehab and
                                             Disparities between Rehabilitation
                                             Services and Ethnic Minority Populations

By Amy Ng, DHA, RRP,
President/Founder, Community
Transcultural Support Services (CTSS)

Ethnic Canadians who live with in-           perceive the Western rehabilitation ap-     actively engage or believe in rehabil-
curable diseases or physical disabili-       proach to therapeutic services, effec-      itation, which ultimately induces fur-
ties are often characterized as an un-       tively maintaining their bio-physical       ther debilitations. Service providers in
reached group. The incurable diseases        abilities. Ethnic minority members,         rehabilitation organizations may not
can include ALS, Parkinson’s disease         who may be underinformed regarding          respond to ethnic minority members
(PD) or irreversible mental illnesses.       Western medical and health services,        with culturally relevant rehabilitation
The signs and symptoms of incurable          may misconceive bio-physical diseas-        services because of enduring cultural
diseases are possible reasons for afflict-   es as a misfortune and bio-physical         variables and linguistic barriers. Mis-
ed ethnic Canadians to seclude them-         disabilities as hopeless. Ethnic minori-    understanding among ethnic minori-
selves from communities or service           ty members may be doubtful about the        ties about physical disabilities and re-
providers offering social and health         potential for physical rehabilitation to    habilitation services can also increase
care supports. In the rehabilitation         be effective at restoring or recovering     rehabilitation service disparities.
sector, ethnic individuals requiring re-     physical functions in general, for they
habilitation programs or services seem       may misunderstand the meaning of            Ethnic minority members’ perspec-
to be no different than others because       rehabilitation. Having an incorrect         tives toward rehabilitation services
people with chronic illness or physical      expectation towards physical health         According to ethnic minority mem-
disabilities generally go through sim-       rehabilitation, these members of an         bers’ opinions about reducing reha-
ilar internal and external struggles.        ethnic minority therefore may not pro-      bilitation service disparities, service
Internal struggles may be frustration,       actively demand physio, occupational        providers may offer loving and caring
reluctance or uncertainty when facing        or other therapies as a rehabilitative      support with kindness-driven services
a clinical diagnosis of an incurable dis-    approach. Mikkonen & Raphael (2012)         in all levels of rehabilitation services,
ease or condition necessitating reha-        reported in their research study that       as essential elements towards helping
bilitation therapies or treatments. Ex-      approximately 60 percent of Canadi-         an ethnic individual reduce feelings
ternal struggles in many people with         ans did not seek health services nor        of helplessness and detrimental sense
rehabilitation service needs may in-         did they receive the necessary quality      of their physical disabilities. Service
clude new adaptations to the rehabili-       of care. As expected, ethnic minority       providers’ calculated service attitudes
tation therapeutic regime, fear of social    members are among the general Ca-           and behaviors to individuals with
non-acceptance and changes in family         nadian groups who did not receive the       physical disabilities are a rehabilita-
relationships, changes of career path-       health services they needed for their       tion barrier. For example, instruct-
ways and modifications to personal           rehabilitation support for a variety        ing the individuals living with vision
living routines. For ethnic minorities,      of reasons, including ethno-cultur-         problems to reach the food and to feed
cultural beliefs, values and symbols         al beliefs and values. (Mental Health       themselves during meal times would
embedded in verbal communications            Commission of Canada, 2015). Eth-           be considered a part of typical rehabil-
can affect willingness to obtain appro-      nic minorities typically receive less       itation activities. In rehabilitation ser-
priate rehabilitation services, which        rehabilitation support which in turn        vice sectors, universal language may
can be an added struggle, especially         affects their rehabilitation outcomes.      not be mathematics or any language,
for those who are also at a lower edu-       Furthermore, life experiences of ethnic     but patience, kindness and support.
cation level in general.                     minority members are complex in so-         Ethnic minority members stated in a
   Ethno cultural rehabilitation is de-      cially and family tied cultural relation-   group environment that their family
fined as how ethnic minority members         ships that do not encourage them to         members living with bio-physical dis-

18 ➤ Rehab Matters ➤ Spring 2017
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